Would a Texas law take away workers’ water breaks? A closer look at House Bill 2127

As unrelenting heat set in across Texas this summer, opponents of a sweeping new law targeting local regulations took to the airwaves and internet with an alarming message: outdoor workers would be banned from taking water breaks.

Workers would die, experts and advocates said, with high temperatures topping 100 degrees Fahrenheit (38 degrees Celsius) and staying there for much of the past two months.

But a closer look at the law, and the local ordinances requiring water breaks, reveals a more complicated picture.

At least one political analyst said the dispute is less about worker protection and more about politics, as conservative Republicans and progressive Democrats battle for control of local governments.

House Bill 2127, passed by the Republican-dominated Legislature in April and set to take effect Sept. 1, blocks local governments from enforcing legislation clashing with existing state law. Cities and counties would be required to demonstrate that their policies are in compliance.

Proponents say it will help Texas to live up to its pro-business reputation by eliminating red tape created by a slew of ordinances that may differ city-by-city.

โ€œThis legislation will streamline regulations so Texas job creators can have certainty,โ€ said Republican state Sen. Brandon Creighton, a co-sponsor of the bill.

Democrats, in contrast, have nicknamed the bill the โ€œDeath Starโ€ for the breadth of its potential impact on a wide array of ordinances regulating natural resources, agriculture and labor. Houston and San Antonio are suing to block it.

The law’s opponents have particularly homed in on the fact it does not expressly mandate water breaks for outside workers. That has struck a chord during a summer when the state and other areas of the U.S. are baking under historically high temperatures.

โ€œThe water break narrative is … especially compelling as Texas experiences a heat wave,โ€ said Mark Jones, of Rice Universityโ€™s Baker Institute for Public Policy.

But, he…

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