Harris County, TX Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- State preemption
- TX HB 2127 (2023)
- Earlier ruling
- TX courts blocked Austin/Dallas
- Statewide mandate
- None for private employers
- County employees
- Paid leave by personnel rule
- Federal floor
- FMLA unpaid only
Summary
Texas HB 2127, the Texas Regulatory Consistency Act effective September 2023, broadly preempts local labor regulation including paid sick leave. Harris County cannot mandate paid leave for private employers, and Houston has not attempted to do so.
History for 88(R) HB 2127 by Burrows [...] Last Action: 06/14/2023 E Effective on 9/1/23. Caption Version: Enrolled. Caption Text: Relating to state preemption of and the effect of certain state or federal law on certain municipal and county regulation. Author: Burrows | Meyer | Goldman | King, Ken | Raymond [...] Sponsor: Creighton [...] Subjects: City Government--General (I0060); Civil Remedies & Liabilities (I0065); County Government--General (I0096); Occupational Regulation--Other Trades & Professions (I0541); TEXAS REGULATORY CONSISTENCY ACT (PH2OW). Companion: SB 814 by Creighton, Identical. House Committee: State Affairs [...] E Effective on 9/1/23 06/14/2023; E Signed by the Governor 06/14/2023; E Sent to the Governor 05/24/2023; S Signed in the Senate 05/23/2023; H Signed in the House 05/22/2023.
Full Breakdown
HB 2127, sometimes called the Death Star bill, preempts cities and counties from regulating in fields covered by state labor, business, and finance codes, including paid sick leave, scheduling, and benefits. Earlier paid-sick-leave ordinances passed in Austin, San Antonio, and Dallas were already blocked by Texas appellate courts before HB 2127, and the new law forecloses any future county or city mandate. Harris County has no countywide paid sick leave ordinance and may not adopt one. Texas does not provide a statewide paid sick leave law for private employers either. Harris County provides paid leave to its own roughly 17,000 employees as a personnel benefit, but that policy does not extend to private workers.
Violations & Fines
No local paid sick leave mandate exists to violate. Workers seeking leave rely on federal FMLA unpaid leave (50-plus employers, 12 months tenure), employer voluntary policy, or a union contract. No county enforcement mechanism applies to private employers.
Frequently Asked Questions
Does Harris County require my employer to give paid sick days?
Can I take unpaid leave when I am sick?
Sources & Official References
Other rules in Harris County
Texas rules heatmap·Compare Harris County to another location·View the Texas employment preemption overview
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