SAN ANTONIO — The battle over water breaks is heating up.
On September 1, a new state law will take effect. It restricts Texas cities from passing or enforcing ordinances that contradict state law, including mandatory breaks for outdoor workers.
On the steps of city hall last year, San Antonio leaders and laborers called on the city to protect construction workers.
“We staunchly support the need for a rest break ordinance,” said Matthew Gonzales, the business manager of LiUNA Laborers Local 1095.
Gonzales says the ordinance, which requires a 10-minute rest break every four hours, made it out of committee. Now, he is concerned it won’t make it to the San Antonio City Council for a vote.
“With the Governor signing this bill, there is concern from the city’s legal department,” said Gonzales. “Because of that bill, there is hesitation with trying to apply [the ordinance] to all jobs within city limits. We are trying to see if the city can still apply it to their own projects that they either do themselves or contract out.”
Governor Greg Abbott recently signed House Bill 2127.
Dubbed the ‘Death Star' bill by critics, it prevents cities from passing laws already set by the state in several sectors, including finance, agriculture, natural resources, and labor.
"It harms workers and places profits over people," Gonzales said.
A spokesperson for the San Antonio Hispanic Chamber of Commerce voiced support for HB 2127 in front of state lawmakers.
“The Hispanic Chamber of Commerce is comprised of more than 900 members; mostly small, locally owned minority businesses,” said Martin Gutierrez. “We strongly believe that the state and federal levels of government are where matters related to private employment practices should be handled. Local ordinances regulating private employment practices make it difficult for our small business members to navigate the regulatory landscape, especially in the area of San Antonio where we have 25 or so surrounding suburban cities. Most importantly, ordinances stifle growth and impact the bottom line of our small businesses.”
Houston and San Antonio are now suing the state over HB 2127.
San Antonio Mayor Ron Nirenberg joined President Joe Biden virtually for a press conference last week.
“Texas cities are in a battle with the state for local control,” said Nierenberg. “But we are going to do everything possible to protect our vulnerable workers, especially those outdoor workers.”
President Biden has ordered the U.S. Department of Labor to step up safety inspections at farms and construction sites.
“Texas, by and large, is the worst state in the country when it comes to worker protections and on-the-job injuries,” said Gonzales. “When folks are not properly given an opportunity to rest and rehydrate, we see accidents and fatalities.”