What applies
What actually applies to you
First, the correction most chemical reps get wrong
Federal OSHA does not cover your employees. Texas has no OSHA State Plan, and the OSH Act's definition of "employer" excludes states and their political subdivisions. The Texas Department of Insurance lists public sector state and local government among those not covered under the OSH Act.
So when a vendor pitches you "OSHA-compliant SDSs," they're citing the wrong statute for your organization.
What actually governs you: the Texas Hazard Communication Act
Health & Safety Code Ch. 502, implemented at 25 TAC Ch. 295, enforced by DSHS. It applies to public employers — cities, counties, state agencies, public schools, tax-supported hospitals, river authorities, volunteer emergency services. Private employers under federal OSHA are excluded. This is your law.
| Obligation |
Citation |
Detail |
| Workplace Chemical List |
§295.4 |
Every hazardous chemical normally present above 55 gallons or 500 pounds, by work area. Updated annually. Retained 30 years. |
| Safety Data Sheets |
§295.5 |
Legible, current, for each hazardous chemical purchased. Missing SDS obtained within 30 business days of receiving the chemical — and the chemical may not be used until you have it. |
| Container labeling |
§295.6 |
Primary: identity, physical and health hazards, manufacturer. Secondary: identity and hazard warnings. You may not remove or deface existing labels. Labels must be legible and in English — §295.6(e). |
| Training |
§295.7 |
Before a new employee works with hazardous chemicals, and again when exposure potential increases significantly. Records kept at least 5 years. |
| "Notice to Employees" poster |
§295.12 |
Must be posted. DSHS publishes English and Spanish. |
| Penalties |
§295.11 / HSC §502.014–.015 |
Administrative up to $500/violation; civil up to $2,000/day, capped at $20,000 per violation; 15 business days to certify correction after a Notice of Violation |
This is where I earn the account. Every one of those obligations is something a distributor can discharge for you — and most don't.
Purchasing — the threshold moved
Local Gov't Code §252.021(a): competitive sealed bids required for expenditure of more than $100,000 from municipal funds. Raised from $50,000 by SB 1173, effective September 1, 2025.
Counties — §262.023(a): same $100,000, exceeding.
Careful with the state's own statutes website — it's currently still serving the old $50,000 text. The bill analysis is the reliable citation.
The band that actually matters to you — §252.0215: for an expenditure more than $3,000 but less than $100,000, a city must contact at least two Historically Underutilized Businesses on a rotating basis from the Comptroller's list. Exempt if no HUB is listed in your county.
That's where nearly every janitorial supply order lands. You don't need a formal bid — you need quotes fast and two documented HUB contacts. A vendor who understands that band is worth more to you than one who's cheaper by 4%.
Exemptions worth knowing — §252.022(a): public calamity; procurement necessary to preserve or protect public health or safety; sole-source items; and personal property bought under an interlocal cooperative purchasing contract administered by a regional planning commission (the HGACBuy / NCTCOG TXShare route). Counties have a parallel list at §262.024, but the county exemption is discretionary and requires a commissioners court action — it isn't automatic.
Cooperative purchasing — two independent statutory bases:
- Local Gov't Code §271.102(c): a local government purchasing through a co-op "satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services."
- Gov't Code §791.025(c): materially the same language under the Interlocal Cooperation Act.
- LGC §§271.081–271.083: join the state program by resolution of your governing body; purchases under a state contract satisfy competitive bidding. This is the Texas SmartBuy basis.
Co-ops Texas cities actually hold: BuyBoard (TASB), TIPS (Region 8 ESC), OMNIA Partners, Sourcewell, TxSmartBuy, HGACBuy, Choice Partners, NCTCOG TXShare, GSA schedules. [Confirm which co-op contracts Greg holds or can quote through before publishing this list]
And a warning I'll give you unprompted — §252.062: an officer or employee who intentionally makes separate, sequential, or component purchases to avoid the threshold commits a Class B misdemeanor. I will never structure an order that way, and you should be wary of a rep who offers.
Vendor paperwork — what's real and what's just habit
| Document |
Basis |
Reality |
| Form CIQ — Conflict of Interest Questionnaire |
LGC §176.006 |
Conditional, not universal. Required only if the vendor has an employment or business relationship with an officer or their family, gave qualifying gifts, or has a family relationship. Due within 7 business days of the trigger. §176.006(i): a contract isn't invalidated solely by a failure to file. |
| Form 1295 — Certificate of Interested Parties |
Gov't Code §2252.908 |
Triggered by a contract that requires a vote of the governing body, OR is worth $1 million+, OR involves lobbyist-registration services. The council-vote trigger is the one that actually bites — most vendors wrongly say "only over $1 million." Publicly traded companies are exempt. Entity must acknowledge receipt to the TEC within 30 days. |
| W-9 |
Federal (26 U.S.C. §6109) |
Universal practice. No Texas statute requires it for a municipal PO. |
| Certificate of Insurance |
Contract / risk pool |
No general state statute for supply contracts. It's a contractual and TML risk-pool requirement, and it varies city to city. |
Facility sanitation
Health & Safety Code §341.061: an operator of "a public building, schoolhouse, theater, filling station, tourist court, bus station, or tavern shall provide and maintain sanitary toilet accommodations." It applies squarely to city hall, the library, and the rec center — but sets no numeric standard.
Pools and spas — 25 TAC Ch. 265, Subch. L is the one place Texas sets hard chemical numbers, and it lands directly on your aquatic center. Per §265.193(c): free available chlorine, pools 1.0 ppm minimum, ideal 2.0–3.0, max 8.0; spas 2.0 minimum, ideal 3.0, max 8.0. Bromine, pools 3.0 min / 4.0–6.0 ideal / 10.0 max; spas 4.0 / 5.0 / 10.0. pH not less than 7.0, ideal 7.2–7.6, max 7.8. Cyanuric acid ideal 30–50 ppm, max 100 ppm — and prohibited entirely in indoor pools, spas, and therapy pools (§265.193(d)).
Worth knowing: Subchapter L sets no cleaning standard for locker rooms, showers, or bathhouses. There is no Texas regulation governing how your locker room floor gets cleaned. CDC guidance is your reference point there.
No green cleaning or environmentally preferable purchasing mandate exists for Texas municipalities. If your council adopts one as policy, I'll build to it. I won't tell you it's required.
