By: Farrar H.B. No. 232
A BILL TO BE ENTITLED
AN ACT
relating to the promotion of breast-feeding and the prohibition
against interference with or restriction of the right to
breast-feed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 165.001 and 165.002, Health and Safety
Codes are amended to read as follows:
Sec. 165.001. LEGISLATIVE FINDING. The legislature finds
that breast-feeding a baby is an important and basic act of nurture
that must be encouraged in the interests of maternal and child
health and family values. In compliance with the breast-feeding
promotion program established under the federal Child Nutrition Act
of 1966 (42 U.S.C. Section 1771 et seq.), the legislature
recognizes breast-feeding as the best method of infant nutrition.
The legislature intends that all persons be informed of the rights
of a breast-feeding mother and child and be prohibited from
interfering with those rights.
Sec. 165.002. RIGHT TO BREAST-FEED. (a) A mother is
entitled to breast-feed her baby in any location in which the mother
and the child is are otherwise authorized to be. A mother's
authority to be in a location may not be revoked for the sole reason
that she begins to breast-feed.
(b) A person may not interfere with or restrict the right of
a mother to breast-feed in accordance with this section.
SECTION 2. Subchapter A, Chapter 165, Health and Safety
Code, is amended by adding Section 165.005 to read as follows:
Sec. 165.005. STATE AGENCY "MOTHER-FRIENDLY" WORKSITE. To
the extent reasonably practicable, each state agency shall develop
a policy supporting the practice of worksite breast-feeding under
Section 165.003.
SECTION 3. Chapter 165, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
Subchapter C: NOTIFICATION AND CIVIL CAUSE OF ACTION
Sec. 165.101. NOTIFICATION BY COMPTROLLER. (a) The
comptroller at least annually shall include in the comptroller's
tax policy e-newsletter notification of the right of a mother to
breast-feed and the prohibition against interference with or
restriction of that right as provided by Section 165.002.
(b) The comptroller shall make the notice required by
Subsection (a) available at each taxpayer seminar offered by the
comptroller.
(c) The comptroller may also provide the notification
required by this section with any other notice or document mailed to
an entity described by this section.
Sec. 165.102. CIVIL CAUSE OF ACTION.(a) In Section 165.102,
"interested person" means a mother who was breast-feeding at the
time the mother's rights were alleged to have been violated.
(b) In Section 165.102, "entity" refers to a single
geographic address. If an entity has more than one geographic
address each separate geographic address is a different entity for
purposes of this section.
(c) An interested person may bring a civil action against a
person alleged to have violated Section 165.002.
(d) A person who brings an action under this section may
obtain:
(1) Injunctive relief against any person, or entity
that commits a violation of this chapter;
(2) An award for a civil penalty of $500 to a
prevailing plaintiff; and
(3) An award for reasonable and necessary attorney
fees incurred by that party in the action.
(e) Notwithstanding any other provisions of this section,
or of law, a person or entity that violates this chapter is liable
for only one civil penalty of $500 for each day a violation of this
chapter occurs, and for all violations of this chapter committed by
that person or entity on that day, regardless of the number of
violations alleged or the number of interested persons claiming
that a violation has occurred. An interested person can recover
only one civil penalty for each day a violation of this chapter
occurs, regardless of the number of persons who allegedly commit
the violation.
(f) A judgment rendered in a civil action brought under this
section must award to the prevailing party reasonable and necessary
attorney fees incurred by that party in the action.
SECTION 4. This Act takes effect September 1, 2015.