H.B. No. 786
AN ACT
relating to the right of a public employee to express breast milk in
the workplace.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 619 to read as follows:
CHAPTER 619. RIGHT TO EXPRESS BREAST MILK
IN THE WORKPLACE
Sec. 619.001. DEFINITION. In this chapter, "public
employer" means:
(1) a county, a municipality, or another political
subdivision of this state, including a school district; or
(2) a board, a commission, an office, a department, or
another agency in the executive, judicial, or legislative branch of
state government, including an institution of higher education.
Sec. 619.002. RIGHT TO EXPRESS BREAST MILK. An employee of a
public employer is entitled to express breast milk at the
employee's workplace.
Sec. 619.003. POLICY ON EXPRESSING BREAST MILK. (a) A
public employer shall develop a written policy on the expression of
breast milk by employees under this chapter.
(b) A policy developed under Subsection (a) must state that
the public employer shall:
(1) support the practice of expressing breast milk;
and
(2) make reasonable accommodations for the needs of
employees who express breast milk.
Sec. 619.004. PUBLIC EMPLOYER RESPONSIBILITIES. A public
employer shall:
(1) provide a reasonable amount of break time for an
employee to express breast milk each time the employee has need to
express the milk; and
(2) provide a place, other than a multiple user
bathroom, that is shielded from view and free from intrusion from
other employees and the public where the employee can express
breast milk.
Sec. 619.005. DISCRIMINATION PROHIBITED. A public employer
may not suspend or terminate the employment of, or otherwise
discriminate against, an employee because the employee has asserted
the employee's rights under this chapter.
Sec. 619.006. NO CAUSE OF ACTION CREATED. This chapter does
not create a private or state cause of action against a public
employer.
SECTION 2. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 786 was passed by the House on April
27, 2015, by the following vote: Yeas 90, Nays 47, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 786 on May 30, 2015, by the following vote: Yeas 143, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 786 was passed by the Senate, with
amendments, on May 24, 2015, by the following vote: Yeas 21, Nays
9.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor