I’ll wait till i see the actual law before I decide who will win
Always prudent. Until the promised ETS is issued, and has been found by the court(s) to be authorized by the Occupational Safety and Health Act, there is nothing about which to argue. If the ETS is upheld by the courts, then it would supersede any action taken by Texas. If the ETS is struck down by the courts (i.e., as not being a lawful or reasonable exercise of OSHA's authority under the OSH Act, or on some other grounds), then that should be the end of the matter as well. Texas can do what Texas wants to do.