85S10379 DMS-F
By: Farrar H.B. No. 146
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; creating a civil action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 165.001 and 165.002, Health and Safety
Code, 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 for all persons to be informed of the rights
of a breast-feeding mother and child and to 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 are otherwise [is] authorized to be on the premises.
The authorization for the mother and child to be on the premises may
not be revoked solely because the mother is breast-feeding the
child.
(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 OF RIGHT 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 or otherwise electronically provide
notification of a mother's right to breast-feed and of 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
office of the comptroller.
(c) The comptroller may also provide the notification
required by this section with any other notice or document mailed to
a person with whom the comptroller communicates.
Sec. 165.102. CIVIL CAUSE OF ACTION. (a) A mother may
bring a civil action against a person who is alleged to have
violated the mother's right to breast-feed a child under Section
165.002.
(b) A mother who prevails in an action under this section is
entitled to obtain:
(1) injunctive relief;
(2) damages in an amount not to exceed $500 for each
day a violation of Section 165.002 occurred; and
(3) reasonable attorney's fees and court costs.
(c) Notwithstanding any other law, a person liable for
damages under Subsection (b)(2) is liable for only one damages
award of $500 for each day a violation of Section 165.002 occurs,
and for all violations of Section 165.002 the person commits on that
day, regardless of the number of violations alleged or the number of
mothers claiming a violation has occurred. A mother may recover
only one damages award for each day a violation of Section 165.002
occurs, regardless of the number of persons who violate that
section.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.