Work · Right to work
Is Texas a Right-to-Work State?
Whether a job in Texas can require you to join or pay a union as a condition of employment, the law that decides it, and the federal-worker situations where the state rule does not control. Cited to the statute.
What right-to-work means in Texas
Whether union fees can be a condition of the job here, and the situations that follow a different rule.
| What the law says | What it means |
|---|---|
| A job cannot turn on union membership | Under Labor Code Section 101.052, a person may not be denied employment based on membership or nonmembership in a labor union. An employer cannot refuse to hire, or fire, someone for being in a union or for staying out of one. |
| Union-security contracts are void | Section 101.053 makes any contract void if it requires, as a condition of working for an employer, that a person must be, may not be, must remain, or may not remain a member of a labor union. That voids the union-shop and agency-fee clauses that a non-right-to-work state would enforce. |
| Paying the union is voluntary | Because neither membership nor an agency fee can be forced, a Texas worker in a unionized workplace decides for themselves whether to join and pay. Declining does not cost the job. |
| Where it is different | What it means |
|---|---|
| Railway and airline workers | Employees covered by the federal Railway Labor Act, mainly railroad and airline workers, can be required to pay a union under a union-shop agreement regardless of Texas law. That federal statute overrides state right-to-work rules for those industries. |
| Federal enclaves | On land under exclusive federal jurisdiction, such as some military installations, Texas right-to-work protection may not reach the workplace, and federal National Labor Relations Act rules can apply instead. |
| Public employees | Government workers are separately protected by the U.S. Supreme Court decision in Janus v. AFSCME (2018), which bars compelling a public employee to pay a union. In Texas that sits alongside the state right-to-work statute. |
What you can do right now
Concrete, neutral steps if a job in Texas raises a union-fee question. This is legal information, not legal advice.
- Know that joining is optional
In Texas you cannot be denied a job or fired for declining to join a union or pay dues. Any workplace policy that makes union membership mandatory conflicts with Labor Code Chapter 101 and is not enforceable.
- Check whether federal railway law covers you
If you work for a railroad or airline, the Railway Labor Act, not Texas right-to-work, controls, and a union-shop agreement can require you to pay. Confirm which law applies to your job.
- Object to unwanted dues in writing
If union dues are being deducted without your agreement, notify the employer and the union in writing that you decline to pay, and keep a copy. In Texas that payment is voluntary.
- Raise pressure with the NLRB
If you are threatened with losing a private-sector job for not paying a union, you can bring it to the National Labor Relations Board, which enforces federal labor law alongside Texas right-to-work.
If you are unsure whether a fee can be required, the National Labor Relations Board handles private-sector union questions and can explain your rights.
→ National Labor Relations Board · Employer/Union RightsThis is general legal information, not legal advice. Public-sector, railway, and airline jobs can follow different rules, so confirm your situation against the statute.
What workers in Texas get wrong about right-to-work
Texas is a right-to-work state, and the rule comes from a pair of Labor Code sections in a subchapter titled, plainly, "Right to Work." Section 101.052 says a person may not be denied employment based on membership or nonmembership in a labor union. Section 101.053 goes further and makes any contract void if it requires, as a condition of the job, that a worker be or not be, or stay or not stay, a member of a union. Read together, they mean an employer and a union in Texas cannot agree to force membership or an agency fee on the workforce. Joining and paying is each worker's own choice, even in a unionized shop, and declining cannot cost the job. Two limits matter. Railroad and airline workers fall under the federal Railway Labor Act, which can require union payment regardless of Texas law. And public employees have separate protection under the Supreme Court's Janus decision. For ordinary private jobs, paying a union in Texas is voluntary.
Common questions
Is Texas a right-to-work state?
Yes. Texas is a right-to-work state under Labor Code Sections 101.052 and 101.053. You cannot be denied a job over union membership, and any contract making membership a condition of employment is void.
Can I be forced to join a union in Texas?
No. Texas law bars denying employment based on union membership or nonmembership and voids union-security contracts. Joining a union in Texas is voluntary, even in a unionized workplace.
Do I have to pay union dues in Texas?
No. Because a contract requiring union membership as a job condition is void, you cannot be required to pay union dues or an agency fee to keep a private-sector job in Texas.
What law makes Texas right-to-work?
Labor Code Chapter 101, Subchapter B, titled Right to Work. Sections 101.052 and 101.053 prohibit conditioning employment on union membership and void any contract that tries to.
Are there exceptions to right-to-work in Texas?
Yes. Railroad and airline workers under the federal Railway Labor Act can be required to pay a union regardless of Texas law, and some federal-enclave workplaces follow federal rules instead.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.