Texas 2017 - 85th Regular

Texas House Bill HB742 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R4493 DMS-F
2	2	By: Farrar, Collier, Allen H.B. No. 742
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5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the promotion of breast-feeding and the prohibition
8	8	against interference with or restriction of the right to
9	9	breast-feed; creating a civil action.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 165.001 and 165.002, Health and Safety
12	12	Code, are amended to read as follows:
13	13	Sec. 165.001. LEGISLATIVE FINDING. The legislature finds
14	14	that breast-feeding a baby is an important and basic act of nurture
15	15	that must be encouraged in the interests of maternal and child
16	16	health and family values. In compliance with the breast-feeding
17	17	promotion program established under the federal Child Nutrition Act
18	18	of 1966 (42 U.S.C. Section 1771 et seq.), the legislature
19	19	recognizes breast-feeding as the best method of infant nutrition.
20	20	The legislature intends that all persons be informed of the rights
21	21	of a breast-feeding mother and child and be prohibited from
22	22	interfering with those rights.
23	23	Sec. 165.002. RIGHT TO BREAST-FEED. (a) A mother is
24	24	entitled to breast-feed her baby in any location in which the mother
25	25	and the child are otherwise [is] authorized to be on the premises.
26	26	A mother's authority to be on the premises may not be revoked for
27	27	the sole reason that she begins to breast-feed.
28	28	(b) A person may not interfere with or restrict the right of
29	29	a mother to breast-feed in accordance with this section.
30	30	SECTION 2. Subchapter A, Chapter 165, Health and Safety
31	31	Code, is amended by adding Section 165.005 to read as follows:
32	32	Sec. 165.005. STATE AGENCY "MOTHER-FRIENDLY" WORKSITE. To
33	33	the extent reasonably practicable, each state agency shall develop
34	34	a policy supporting the practice of worksite breast-feeding under
35	35	Section 165.003.
36	36	SECTION 3. Chapter 165, Health and Safety Code, is amended
37	37	by adding Subchapter C to read as follows:
38	38	SUBCHAPTER C. NOTIFICATION OF RIGHT AND CIVIL CAUSE OF ACTION
39	39	Sec. 165.101. NOTIFICATION BY COMPTROLLER. (a) The
40	40	comptroller at least annually shall include in the comptroller's
41	41	tax policy e-newsletter or otherwise electronically provide
42	42	notification of the right of a mother to breast-feed and the
43	43	prohibition against interference with or restriction of that right
44	44	as provided by Section 165.002.
45	45	(b) The comptroller shall make the notice required by
46	46	Subsection (a) available at each taxpayer seminar offered by the
47	47	office of the comptroller.
48	48	(c) The comptroller may also provide the notification
49	49	required by this section with any other notice or document mailed to
50	50	a person with whom the comptroller communicates.
51	51	Sec. 165.102. CIVIL CAUSE OF ACTION. (a) A mother may
52	52	bring a civil action against a person who is alleged to have
53	53	violated the mother's right to breast-feed a child under Section
54	54	165.002.
55	55	(b) A mother who prevails in an action under this section is
56	56	entitled to obtain:
57	57	(1) injunctive relief;
58	58	(2) damages of up to $500 for each day a violation of
59	59	Section 165.002 occurred; and
60	60	(3) reasonable attorney's fees and court costs.
61	61	(c) Notwithstanding any other law, a person liable for
62	62	damages under Subsection (b)(2) is liable for only one damages
63	63	award of $500 for each day a violation of Section 165.002 occurs,
64	64	and for all violations of Section 165.002 that the person commits on
65	65	that day, regardless of the number of violations alleged or the
66	66	number of mothers claiming that a violation has occurred. A mother
67	67	may recover only one damages award for each day a violation of
68	68	Section 165.002 occurs, regardless of the number of persons who
69	69	violate that section.
70	70	SECTION 4. This Act takes effect September 1, 2017.