Assuming that an employee has not already voted in early voting, the employee is entitled to take paid time off for voting on election days, unless the employee has at least two consecutive hours to vote outside of the voter's working hours - see the following two provisions of Chapter 276 of the Texas Election Code: Texas Election Code, Section 276.001 . Retaliation Against Voter.

O-6242 (1944) - under a statute prescribing up to a $500 fine for an employer who refuses time off for voting to an employee or who "subjects such employee to a penalty or deduction of wages because of the exercise of such privilege", an employee is entitled to a reasonable amount of time off from work in order to vote, and the employer can even prescribe what hours the employee will have off, as long as the time is reasonable and sufficient to allow the employee to vote, but the provision requiring the employer to pay the employee for the time so taken is unconstitutional. This latter holding was overruled by AG opinion V-1475 in 1952 - see below.

V-1475 (1952) - based upon a decision of the U.S. Supreme Court in Day-Brite Lighting, Inc. v. State, 72 S.Ct. 405 (1952), which affirmed a 1951 decision of the Missouri Supreme Court (State v. Day-Brite Lighting, Inc., 240 S.W.2d 886), the Attorney General overruled in part the prior opinion in O-6242 by holding that the statute in question is a valid exercise of the state's police power, and it does not violate either the Texas or U.S. Constitutions to require an employer to pay employees for time taken off from work for the purpose of voting.

V-1532 (1952) - the same Attorney General clarified the ruling in V-1475 by holding, in agreement with O-6242, that the statute "does not require an employer to allow an employee time off to vote where the employee has sufficient time to vote outside his working hours", and that no deduction from wages exists in such a case, but that if the employee needs extra time off from his working hours in order to vote, such extra time must be paid.