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‘Death Star’ law nixes water breaks as Texas bakes

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By Arianna Skibell

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A construction worker takes a drink from a red water cooler in Houston.

A construction worker takes a drink in Houston. | Eric Kayne/Getty Images

It’s another scorcher in Texas today. And if you’re working outside in 100 degrees in Austin, you’re legally entitled to water breaks — until September.

That’s when a new law goes into effect revoking guaranteed water breaks for construction crews in Austin and Dallas.

Republican Gov. Greg Abbott signed the measure in July (the hottest month in recorded history), invalidating a host of local rules throughout the state. Conservatives say the measure is necessary for consistency and to maintain state authority, writes Ariel Wittenberg.

Opponents of the legislation dubbed it “the Death Star bill.”

That’s because water breaks during hot temperatures can help prevent heat-related fatalities, which continue to rise as the planet bakes. Construction workers make up just 6 percent of the U.S. workforce, but they account for 36 percent of all heat-related deaths.

In Texas, construction workers accounted for 26 percent of heat deaths between 2017 and 2019, Ariel writes. And average summer temperatures have only gotten hotter since then.

Abbott’s rationale

The law’s roots can be traced back to the early years of the Covid-19 pandemic when progressive cities in Texas mandated paid sick leave. That enraged some conservatives.

While appellate courts have since struck down such requirements, Republican lawmakers — still frustrated by mask and vaccine mandates — launched a push to retake state control over worker safety issues.

The new law is expansive, erasing local rules over everything from payday loans to evictions.

“This bill is something so extreme and broad that we have not seen it before,” Ana Gonzalez with the Texas AFL-CIO told Ariel. “Anything that is not expressly allowed by state law — cities and counties will not be able to do.”

The backlash

The measure is already generating pushback, including from President Joe Biden, who derided the law in a recent speech about unprecedented heat waves.

“Construction workers … literally risk their lives working all day in extreme heat and in some places don’t even have the right to take a water break,” he said. “That’s outrageous.”

And a number of municipalities are suing the state over the law, including San Antonio, whose City Council was working on its own rest break ordinance when the law was signed.

“No sane government would pass a bill like this,” said Rep. Greg Casar (D-Texas).

 

Thank goodness it's Friday — thank you for tuning in to POLITICO's Power Switch. I'm your host, Arianna Skibell. Power Switch is brought to you by the journalists behind E&E News and POLITICO Energy. Send your tips, comments, questions to askibell@eenews.net.

 

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