Skip to main content
CityRuleLookup

Travis County, TX Employment Preemption: Minimum Wage Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Federal floor
$7.25 per hour
Preemption statute
TX Local Govt Ch. 229
HB 2127 effective
September 2024
Travis Co staff wage
Above 20 dollars

Summary

Texas preempts local minimum wage laws under Local Government Code Chapter 229, leaving the federal $7.25 per hour rate as the floor for most private employers in Travis County, though Austin and Travis County set higher wages for their own employees.

These county ordinances apply to unincorporated areas of Travis County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec. 62.0515. APPLICATION OF MINIMUM WAGE TO CERTAIN GOVERNMENTAL ENTITIES. (a) Except as otherwise provided by this section, the minimum wage provided by this chapter supersedes a wage established in an ordinance, order, or charter provision governing wages in private employment, other than wages under a public contract.(b) This section does not apply to any state or federal job training or workforce development program.(d) For purposes of this section, "governmental entity" includes a municipality, a county, a special district or authority, a junior college district, or another political subdivision of this state.

Source: TX Local Government Code Ch. 229View official code

Full Breakdown

Texas Labor Code Chapter 62 ties the state minimum wage to the federal Fair Labor Standards Act rate, currently $7.25 per hour. Local Government Code Chapter 229, expanded by HB 2127 (2023, effective 2024), broadly preempts cities and counties from enacting higher private-sector wage floors. Austin and Travis County government can pay their own staff and contract workers above $20 per hour as employer policy, and Austin promotes a living wage for tipped service workers, but they cannot mandate it for private businesses. Federal contractors face separate Executive Order minimums.

Violations & Fines

Private employers below the federal $7.25 floor face Department of Labor wage-and-hour investigations, back pay liability, and double damages; local minimum wage ordinances against private employers are unenforceable under preemption.

Frequently Asked Questions

Can Austin require a higher minimum wage?
No for private employers. State preemption blocks local mandates; Austin and Travis County set higher wages only for their own employees and direct contractors.
Are tipped employees treated differently?
Yes. The federal tipped wage of $2.13 plus tips equaling $7.25 still applies in Texas, with employer makeup if tips fall short of the full minimum wage.

Sources & Official References

Other rules in Travis County

All Travis County rules

Texas rules heatmap·Compare Travis County to another location·View the Texas employment preemption overview

Get notified when Minimum Wage Preemption in Travis County, TX changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Minimum Wage Preemption in Cities Across Travis County