A noncompete is enforceable if it is part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations. For now, employers can keep using non-compete agreements in Texas but should prepare to adjust their practices if the legal challenges are resolved.On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule (the Rule) that would ban almost all noncompetition agreements in the United States. On August 20, 2024, a Texas federal judge permanently barred the implementation of a controversial Federal Trade Commission (FTC) regulation. Under the final Noncompete Rule, the FTC adopts a comprehensive ban on new noncompetes with all workers, including senior executives. On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule (Final Rule) broadly banning noncompetition (noncompete) agreements nationwide. The Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from using noncompete agreements, with a few limited exceptions. Are Texas Noncompete Agreements Enforceable if the Employee Is Fired? Last Updated: Feb 9, 2023 Read Time: 2 minutes. The final rule, first proposed on January 19, 2023, categorizes noncompete clauses as an unfair method of competition, thus violating section 5 of the FTC Act.