What Texas law adds on top of federal law for nurses and EMS, and who to call.
Every rule here was read on the statute, regulation or agency page it cites. Checked November 10, 2026.
General information, not legal advice. Laws change and your facts decide how they apply. Before you act, confirm with the agency listed here or with an employment lawyer or your union representative.
Who to call in Texas
Texas Workforce Commission (Texas Payday Law wage claims)Unpaid wages and state labor complaints. Start a complaint
U.S. Department of Labor, Wage and Hour DivisionUnpaid wages and overtime, PUMP Act, FMLA. Contact · 1-866-487-9243
OSHAPrivate-employer safety complaints, and retaliation for raising safety (30 days under the OSH Act). Public employees: see Unions and public employers. Contact
A Texas hospital can't require an RN or LVN to work hours or days beyond what you're scheduled for, no matter how long your shift is, and you can refuse. The hospital can't suspend, fire, discipline or discriminate against you for refusing or for reporting violations, and it can't use on-call time as a substitute for mandatory overtime. Complaints go to the Health and Human Services Commission.
Who it covers: RNs and LVNs at Texas general, special and licensed mental hospitals, including state-run hospitals.
Limits and exceptions to know (the law may have others; read the source):
A health care disaster unexpectedly hitting your county or a neighboring one.
A federal, state or county emergency declaration in your county or a neighboring one.
An unforeseen event that doesn't regularly occur, raises staffing needs, and couldn't prudently be anticipated; the hospital must first try volunteers, per diems, agency nurses and floats.
An ongoing medical or surgical procedure you're actively in, when you're needed through its completion.
Prescheduled on-call time and time right before or after a shift to document or hand off patient status don't count as mandatory overtime.
"A hospital may not require a nurse to work mandatory overtime, and a nurse may refuse to work mandatory overtime."
Every Texas hospital must have a nurse staffing committee that meets at least quarterly, with at least 60% of members being direct care RNs chosen by their direct care peers. It recommends the staffing plan, which must set minimum staffing levels for each patient care unit, and it has to review and respond to staffing concerns you raise. Committee time is paid work time. Since September 1, 2025, the hospital can't retaliate against you for giving the committee information or reporting violations to management or the Health and Human Services Commission, which takes complaints.
Who it covers: RNs at Texas general, special and licensed mental hospitals.
"At least 60 percent of the members of the committee must be registered nurses who: (1) provide direct patient care during at least 50 percent of their work time"
If you're asked to take an assignment or do something you believe violates your duty to a patient, Texas lets you invoke Safe Harbor: request a nursing peer review determination on the Board's form, or orally to your supervisor if patient care can't wait (the supervisor writes it up and you both sign). A good-faith request can't be held against you, you can accept the assignment while review is pending without Board discipline for it, and if you refuse, the peer review result must be considered in any discipline decision.
Who it covers: Nurses at Texas facilities required to have a nursing peer review committee.
Limits and exceptions to know (the law may have others; read the source):
The peer review determination isn't binding on your employer if a nurse administrator believes in good faith the committee got your duty wrong.
If the question is whether a physician's order is medically reasonable, the medical staff or medical director decides that part, and their answer controls. (Tex. Occ. Code § 303.005(e))
"the nurse may request, on a form developed by the board or on another form that meets standards developed by the board, a determination by a nursing peer review committee"
"Laid Off / Discharge / Fired: Final payment is due within six (6) calendar days of the last day. Quit / Resign / Retire: Final payment is due on the next regularly scheduled payday after the effective date of resignation."
For Texas we have not yet confirmed state rules on meal and rest breaks. That does not mean Texas has no rule on them: we leave a topic off until we have read it at the source, and only federal rules are shown for it here.