Texas Per Diem Laws in 2026: What Employers and Employees Really Need to Know
Most people have no idea per diem laws even exist. But here’s the thing: if you travel for work in Texas, these rules can seriously affect your paycheck. The penalties for getting it wrong? They hit hard. Let’s break down exactly what you need to know.
Whether you’re managing a team that travels or you’re the one hitting the road for work, per diem matters. These are the rules about how companies reimburse employees for travel expenses. Texas has specific laws about what’s allowed and what’s not.
What Is Per Diem Anyway?
Per diem is basically a daily allowance for travel expenses. Think of it like this: your company sends you to another city for work. Instead of making you collect receipts for every meal and hotel, they give you a set amount per day. That’s per diem.
The word literally means “per day” in Latin. Pretty straightforward, right? But Texas has pretty strict rules about how much companies can pay without counting it as taxable income.
The Basic Texas Per Diem Rules
What Counts as Per Diem
Per diem covers specific expenses when you travel for work. These include meals, lodging, and incidental expenses like taxi fares or tips. Not everything you spend counts, though.
Here’s where it gets important: only certain types of travel qualify. You need to be away from your regular workplace. You need a legitimate business reason for being there. Random trips don’t count.
The IRS Standard in Texas
Wondering what the actual numbers are? Stay with me here. The IRS sets federal per diem rates, and Texas follows these standards pretty closely. As of 2026, federal rates vary by location.
For most Texas cities outside major metros, the per diem rate is around $170 per day. That breaks down to roughly $60 for meals and $110 for lodging. Big cities like Houston, Dallas, and Austin have higher rates. These can reach $250 or more per day.
But here’s the catch: these are federal guidelines. Your employer doesn’t have to match them exactly. They just can’t go way over or the IRS might question it.
The 30-Day Rule
Okay, pause. Read this carefully. There’s a critical time limit you need to know about. If you’re traveling to the same location for work, you can only use the federal per diem rate for the first 30 days.
After 30 days, things change. You’re considered to have a “temporary duty station.” From day 31 onwards, that place becomes your work location. You can’t use per diem anymore. Your employer would need to adjust your pay or provide actual reimbursement instead.
This rule catches a lot of people off guard. You might think you’re set for the whole project. Then day 31 hits and boom, the rules shift.
How Much Can Your Employer Give You?
Your employer has some flexibility here, honestly. They can give you less than the federal rate and it’s totally legal. Some companies pay lower per diem to save money. Others match the federal rate exactly.
What they can’t do is go significantly over the federal rate without creating tax issues. If they pay you more than the IRS standard, that extra amount gets taxed as income. So technically, you get the money. But you’ll owe taxes on it.
Think of it like a traffic ticket versus a speeding violation. The penalty for modest overpayment is manageable. But drastically excessive amounts? That could trigger an audit.
Different Rates for Different Locations
Texas is huge. San Antonio has different rates than El Paso. Houston’s rates beat out rural Texas. Your employer can adjust per diem based on where you’re actually traveling.
This makes sense, right? A hotel in downtown Dallas costs way more than one in a small town. The government gets this. They publish different rates for different areas.
Check the GSA website (General Services Administration) for your specific location. They update rates regularly. Your employer should be using current rates, not ones from five years ago.
Penalties for Violations
So what happens if an employer gets this wrong? Not sure what counts as a violation? Let me break it down.
If a company doesn’t pay required per diem, employees can file complaints. The Texas Workforce Commission might get involved. Your employer could face wage theft charges, which are serious.
The penalties include back pay for employees. You could get money you should have received. That amount gets doubled in some cases. Your employer also pays attorney fees and court costs.
This gets expensive fast. I’ve seen companies face six-figure penalties for systematic per diem violations. It’s not worth it for them to try cutting corners.
Tax Consequences
Here’s where it gets tricky, honestly. If per diem is paid incorrectly, it might get classified as taxable income. You’d owe income tax on money you thought was a reimbursement.
Wait, it gets better. Your employer also faces IRS penalties for misclassifying payments. They might owe back payroll taxes. Interest and penalties add up quickly.
The IRS takes this seriously because it’s about tax revenue. They audit companies that seem to be gaming the per diem system.
Who Has to Follow These Rules?
Not every worker in Texas needs per diem. Government employees? They’re required to follow federal per diem rules. Most of them don’t have a choice.
Private companies have more flexibility. They can create their own policies. But those policies need to be reasonable and consistent. And they can’t violate minimum wage laws.
Contractors and self-employed people? This gets complicated. You can’t give yourself per diem the same way an employer can. You can deduct actual travel expenses on your taxes, but the rules are different.
Most people don’t realize how varied the rules are. Your status matters way more than you’d think.
Recent Changes and Updates
Texas hasn’t changed its core per diem laws recently. But federal rates update every year. What changed in 2025 might change again in 2026.
The biggest shift lately? More companies are tracking per diem using apps now. Digital expense reports are becoming standard. This actually helps because it reduces errors.
One more thing to know: the pandemic changed how companies think about remote work. If you’re working from home but occasionally travel? Per diem rules still apply to your travel. Your home location doesn’t become your temporary duty station just because you work remotely.
Special Situations That Trip People Up
Multi-State Travel
Imagine you’re traveling through several Texas cities in one trip. Do you get per diem for all of them? Yes, but each location might have a different rate.
Your employer should break down the per diem by location. This gets complicated to track but it’s the right way to do it.
Extended Projects
A friend asked me about this last week. She was assigned to a project three hours away. It was supposed to last six weeks. She wondered if day 31 rules applied.
They do. After 30 days, the location becomes her tax home for that assignment. Her employer switched to reimbursement-based expense reporting instead.
Meal Expenses vs. Lodging
Here’s something important: you can’t usually just take the full per diem amount in cash. Most employers require you to actually stay somewhere or eat somewhere to claim those portions.
Some companies let you use the full meal per diem even if you eat cheaply. Others require receipts. Check your company policy because it varies.
How to Make Sure Your Company Is Following the Rules
First, know what rate applies to your travels. Check the GSA website for your location. Compare that to what your employer is paying you.
Are the amounts reasonable? Is your per diem applied correctly after 30 days? Is your employer making these payments consistently?
If something seems off, ask your manager. Most issues are honest mistakes, not intentional violations. Clarifying expectations helps everyone.
Document your travels. Keep records of where you went and when. This protects you if questions come up later.
If You Think There’s a Violation
Don’t worry, there are steps you can take. Start by talking to your HR department. Ask them to explain how they calculated your per diem.
If you still think there’s a problem, you can file a complaint with the Texas Workforce Commission. They investigate wage violations. This is free and confidential.
You could also contact an employment lawyer. They can review your pay records and advise you. Many offer free initial consultations.
Frequently Asked Questions
Can my employer pay me less than the federal per diem rate? Yes, absolutely. Your employer can pay below the federal rate. What matters is that they’re consistent and treating all employees fairly.
What happens if I don’t spend all my per diem? That depends on your employer. Some let you keep the difference. Others want you to return unused per diem. Check your company policy.
Do I need receipts for per diem? Federal rules say you don’t need receipts if you use the federal per diem rate. Your employer might require them anyway. Ask your finance department about your company’s specific policy.
What if I’m traveling within Texas but staying home at night? If you return home daily, you typically don’t qualify for hotel per diem. You might get a meal allowance for working away from home though. It depends on the distance and your employer’s policy.
Are there special rules for out-of-state travel from Texas? You’d follow the rates for wherever you’re traveling to, not Texas rates. The federal GSA rates apply regardless of which state you’re from.
Final Thoughts
Per diem laws protect both employees and employers. They make sure travel expenses are handled fairly and consistently. Now you understand the basics.
If you’re an employee, know your rates. Check that your employer is calculating everything correctly. Ask questions if something seems off.
If you’re an employer, stay updated on federal rates. Apply them consistently. Keep good records. This protects your company from audits and complaints.
The bottom line? Per diem isn’t as complicated as it seems once you understand it. Stay informed, double-check the numbers, and when in doubt, ask a professional or check with the Texas Workforce Commission.
References
General Services Administration (GSA) Per Diem Rates
Texas Workforce Commission Wage and Hour Division
IRS Publication 463: Travel, Gift, and Car Expenses