A newly passed law has caused intense panic across the state with some even labeling it as “ the most dangerous bill.” Despite the fact that Texas is the state where the most workers die from high temperatures, with at least 42 workers dying in Texas between 2011 and 2021 from environmental heat exposure, House Bill 2127 was passed by the Texas Legislature during this year’s regular legislative session eliminating breaks for construction workers. This law will particularly affect Latinos as they represent six out of every 10 construction workers, according to the U.S. Census Bureau data. Local elected officials and community groups are pushing back saying that HB 2127 prevents local governments from protecting their communities.
The measure has been nicknamed the “Death Star” bill because it broadly preempts legislation at the local government level if it clashes with state law. The bill covers eight areas of government — including labor, business and agriculture — overturning local ordinances that are already in place and preventing local governments from passing new ones if they conflict or deviate from state regulations.
Effective September 1st, construction workers in Austin and Dallas were stripped of the mandated right to 10-minute water breaks every four hours and time to rest in the shade while on the job. It also prevents other cities from passing such rules in the future. Before HB 2127 was implemented, San Antonio was considering putting in place a similar ordinance. A councilwoman for San Antonio commented “2127 is a direct attack on local policy makers and it undermines our policy making ability . . . [t]his undermines our ability to protect workers and [their] right to a water break.” Just this month, a 24-year-old construction worker in San Antonio suffered from a fatal heat stroke, with temperatures that day exceeding 100℉ and humidity levels reaching as high as 75%. The worker was found to have had a body temperature as high as 109℉. Speaking in regards to the newly passed law, a close friend and co-worker of the deceased stated that “[i]t’s important for us not to go backward, to learn from our mistakes.”
The National Weather Service is forecasting record high temperatures over 100 degrees in many Texas cities for most of the summer. Unions expect heat-related deaths to go up if mandated water breaks go away. Eliminating guaranteed water breaks could also create dangerous working conditions for construction workers during heat waves such as cardiovascular, respiratory and kidney diseases. These long-lasting heat waves are expected to become more common, scientists have said. Supporters of the law have said it will provide statewide consistency and eliminate a patchwork of local ordinances across the state that over-regulate businesses. But at what price? We have seen in the past and we are continuing to see the dangers workers face everyday in the face of such harsh working conditions. Yet, instead of creating ways to protect workers from the danger, it appears the law is doing just the opposite.
Earlier this week, the city of Houston filed a lawsuit that seeks to block the state law and have it declared “unconstitutional.” It would be no shock to see an incoming flood of similar complaints in the future. Moreover, with HB 2127 preventing cities and counties from passing or enforcing any local policy that exceeds minimum requirements set by state laws, the state is being granted more authority while local control ceases to exist. The nullification of ordinances in Austin and Dallas are prime examples of the diminish of local authority this bill is causing and will continue to cause.
