Texas 2017 - 85th 1st C.S.

Texas House Bill HB146 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S10379 DMS-F
2	2	By: Farrar H.B. No. 146
3	3
4	4
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 for all persons to be informed of the rights
21	21	of a breast-feeding mother and child and to 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	The authorization for the mother and child to be on the premises may
27	27	not be revoked solely because the mother is breast-feeding the
28	28	child.
29	29	(b) A person may not interfere with or restrict the right of
30	30	a mother to breast-feed in accordance with this section.
31	31	SECTION 2. Subchapter A, Chapter 165, Health and Safety
32	32	Code, is amended by adding Section 165.005 to read as follows:
33	33	Sec. 165.005. STATE AGENCY "MOTHER-FRIENDLY" WORKSITE. To
34	34	the extent reasonably practicable, each state agency shall develop
35	35	a policy supporting the practice of worksite breast-feeding under
36	36	Section 165.003.
37	37	SECTION 3. Chapter 165, Health and Safety Code, is amended
38	38	by adding Subchapter C to read as follows:
39	39	SUBCHAPTER C. NOTIFICATION OF RIGHT AND CIVIL CAUSE OF ACTION
40	40	Sec. 165.101. NOTIFICATION BY COMPTROLLER. (a) The
41	41	comptroller at least annually shall include in the comptroller's
42	42	tax policy e-newsletter or otherwise electronically provide
43	43	notification of a mother's right to breast-feed and of the
44	44	prohibition against interference with or restriction of that right
45	45	as provided by Section 165.002.
46	46	(b) The comptroller shall make the notice required by
47	47	Subsection (a) available at each taxpayer seminar offered by the
48	48	office of the comptroller.
49	49	(c) The comptroller may also provide the notification
50	50	required by this section with any other notice or document mailed to
51	51	a person with whom the comptroller communicates.
52	52	Sec. 165.102. CIVIL CAUSE OF ACTION. (a) A mother may
53	53	bring a civil action against a person who is alleged to have
54	54	violated the mother's right to breast-feed a child under Section
55	55	165.002.
56	56	(b) A mother who prevails in an action under this section is
57	57	entitled to obtain:
58	58	(1) injunctive relief;
59	59	(2) damages in an amount not to exceed $500 for each
60	60	day a violation of Section 165.002 occurred; and
61	61	(3) reasonable attorney's fees and court costs.
62	62	(c) Notwithstanding any other law, a person liable for
63	63	damages under Subsection (b)(2) is liable for only one damages
64	64	award of $500 for each day a violation of Section 165.002 occurs,
65	65	and for all violations of Section 165.002 the person commits on that
66	66	day, regardless of the number of violations alleged or the number of
67	67	mothers claiming a violation has occurred. A mother may recover
68	68	only one damages award for each day a violation of Section 165.002
69	69	occurs, regardless of the number of persons who violate that
70	70	section.
71	71	SECTION 4. This Act takes effect immediately if it receives
72	72	a vote of two-thirds of all the members elected to each house, as
73	73	provided by Section 39, Article III, Texas Constitution. If this
74	74	Act does not receive the vote necessary for immediate effect, this
75	75	Act takes effect on the 91st day after the last day of the
76	76	legislative session.