Texas 2015 - 84th Regular

Texas House Bill HB232 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R19412 AJZ-D
2	2	By: Farrar, King of Taylor, Collier H.B. No. 232
3	3	Substitute the following for H.B. No. 232:
4	4	By: Simmons C.S.H.B. No. 232
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the promotion of breast-feeding and the prohibition
10	10	against interference with or restriction of the right to
11	11	breast-feed; creating a civil action.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 165.001 and 165.002, Health and Safety
14	14	Code, are amended to read as follows:
15	15	Sec. 165.001. LEGISLATIVE FINDING. The legislature finds
16	16	that breast-feeding a baby is an important and basic act of nurture
17	17	that must be encouraged in the interests of maternal and child
18	18	health and family values. In compliance with the breast-feeding
19	19	promotion program established under the federal Child Nutrition Act
20	20	of 1966 (42 U.S.C. Section 1771 et seq.), the legislature
21	21	recognizes breast-feeding as the best method of infant nutrition.
22	22	The legislature intends that all persons be informed of the rights
23	23	of a breast-feeding mother and child and be prohibited from
24	24	interfering with those rights.
25	25	Sec. 165.002. RIGHT TO BREAST-FEED. (a) A mother is
26	26	entitled to breast-feed her baby in any location in which the mother
27	27	and the child are otherwise [is] authorized to be. A mother's
28	28	authority to be in a location may not be revoked for the sole reason
29	29	that she begins to breast-feed.
30	30	(b) A person may not interfere with or restrict the right of
31	31	a mother to breast-feed in accordance with this section.
32	32	SECTION 2. Subchapter A, Chapter 165, Health and Safety
33	33	Code, is amended by adding Section 165.005 to read as follows:
34	34	Sec. 165.005. STATE AGENCY "MOTHER-FRIENDLY" WORKSITE. To
35	35	the extent reasonably practicable, each state agency shall develop
36	36	a policy supporting the practice of worksite breast-feeding under
37	37	Section 165.003.
38	38	SECTION 3. Chapter 165, Health and Safety Code, is amended
39	39	by adding Subchapter C to read as follows:
40	40	SUBCHAPTER C. NOTIFICATION AND CIVIL CAUSE OF ACTION
41	41	Sec. 165.101. NOTIFICATION BY COMPTROLLER. (a) The
42	42	comptroller at least annually shall include in the comptroller's
43	43	tax policy e-newsletter or otherwise electronically provide
44	44	notification of the right of a mother to breast-feed and the
45	45	prohibition against interference with or restriction of that right
46	46	as provided by Section 165.002.
47	47	(b) The comptroller shall make the notice required by
48	48	Subsection (a) available at each taxpayer seminar offered by the
49	49	office of the comptroller.
50	50	(c) The comptroller may also provide the notification
51	51	required by this section with any other notice or document mailed to
52	52	a person with whom the comptroller communicates.
53	53	Sec. 165.102. CIVIL CAUSE OF ACTION. (a) Except as
54	54	provided by Subsection (d), a mother may bring a civil action
55	55	against a person who is alleged to have violated the mother's right
56	56	to breast-feed a child under Section 165.002.
57	57	(b) A mother who prevails in an action under this section is
58	58	entitled to obtain:
59	59	(1) injunctive relief;
60	60	(2) damages of up to $500 for each day a violation of
61	61	Section 165.002 occurred; and
62	62	(3) reasonable attorney's fees and court costs.
63	63	(c) Notwithstanding any other law, a person liable for
64	64	damages under Subsection (b)(2) is liable for only one damages
65	65	award of $500 for each day a violation of Section 165.002 occurs,
66	66	and for all violations of Section 165.002 that the person commits on
67	67	that day, regardless of the number of violations alleged or the
68	68	number of mothers claiming that a violation has occurred. A mother
69	69	may recover only one damages award for each day a violation of
70	70	Section 165.002 occurs, regardless of the number of persons who
71	71	violate that section.
72	72	(d) A mother may not bring a civil action under Subsection
73	73	(a) against a person who is alleged to have violated the mother's
74	74	right to breast-feed under Section 165.002 if the violation is
75	75	alleged to have occurred at a private home and alleged to have been
76	76	committed by the person who owns the home.
77	77	SECTION 4. This Act takes effect September 1, 2015.