| 1 | 1 | | 83R16186 EAH-F |
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| 2 | 2 | | By: Walle, Hernandez Luna H.B. No. 741 |
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| 3 | 3 | | Substitute the following for H.B. No. 741: |
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| 4 | 4 | | By: Oliveira C.S.H.B. No. 741 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the right of a public employee to express breast milk in |
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| 10 | 10 | | the workplace. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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| 13 | 13 | | by adding Chapter 619 to read as follows: |
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| 14 | 14 | | CHAPTER 619. RIGHT TO EXPRESS BREAST MILK |
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| 15 | 15 | | IN THE WORKPLACE |
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| 16 | 16 | | Sec. 619.001. DEFINITION. In this chapter, "public |
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| 17 | 17 | | employer" means a: |
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| 18 | 18 | | (1) county, municipality, or other political |
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| 19 | 19 | | subdivision of this state, including a school district; or |
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| 20 | 20 | | (2) board, commission, office, department, or other |
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| 21 | 21 | | agency in the executive, judicial, or legislative branch of state |
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| 22 | 22 | | government, including an institution of higher education. |
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| 23 | 23 | | Sec. 619.002. RIGHT TO EXPRESS BREAST MILK. An employee of a |
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| 24 | 24 | | public employer is entitled to express breast milk at the |
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| 25 | 25 | | employee's workplace. |
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| 26 | 26 | | Sec. 619.003. POLICY ON EXPRESSING BREAST MILK. (a) A |
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| 27 | 27 | | public employer shall develop a written policy on the expression of |
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| 28 | 28 | | breast milk by employees under this chapter. |
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| 29 | 29 | | (b) A policy developed under Subsection (a) must state that |
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| 30 | 30 | | the public employer shall: |
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| 31 | 31 | | (1) support the practice of expressing breast milk; |
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| 32 | 32 | | and |
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| 33 | 33 | | (2) make reasonable accommodations for the needs of |
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| 34 | 34 | | employees who express breast milk. |
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| 35 | 35 | | Sec. 619.004. PUBLIC EMPLOYER RESPONSIBILITIES. A public |
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| 36 | 36 | | employer shall: |
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| 37 | 37 | | (1) provide a reasonable amount of break time for an |
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| 38 | 38 | | employee to express breast milk each time the employee has need to |
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| 39 | 39 | | express the milk; and |
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| 40 | 40 | | (2) provide a place, other than a bathroom, that is |
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| 41 | 41 | | shielded from view and free from intrusion from other employees and |
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| 42 | 42 | | the public where the employee can express breast milk. |
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| 43 | 43 | | Sec. 619.005. DISCRIMINATION PROHIBITED. A public employer |
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| 44 | 44 | | may not suspend or terminate the employment of, or otherwise |
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| 45 | 45 | | discriminate against, an employee because the employee has asserted |
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| 46 | 46 | | the employee's rights under this chapter. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2013. |
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