86R1866 KKR-F
By: Farrar H.B. No. 243
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's and child's presence on the premises [mother] is otherwise
authorized [to be]. The authorization 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 another electronic notification,
information on a mother's right to breast-feed and 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 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 allegedly violates 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 the violation occurs; 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 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 alleging a violation. A mother may recover only one award
for damages 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 September 1, 2019.