| 1 | 1 | | 86R1866 KKR-F |
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| 2 | 2 | | By: Farrar H.B. No. 243 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the promotion of breast-feeding and the prohibition |
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| 8 | 8 | | against interference with or restriction of the right to |
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| 9 | 9 | | breast-feed; creating a civil action. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 165.001 and 165.002, Health and Safety |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | Sec. 165.001. LEGISLATIVE FINDING. The legislature finds |
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| 14 | 14 | | that breast-feeding a baby is an important and basic act of nurture |
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| 15 | 15 | | that must be encouraged in the interests of maternal and child |
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| 16 | 16 | | health and family values. In compliance with the breast-feeding |
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| 17 | 17 | | promotion program established under the federal Child Nutrition Act |
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| 18 | 18 | | of 1966 (42 U.S.C. Section 1771 et seq.), the legislature |
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| 19 | 19 | | recognizes breast-feeding as the best method of infant nutrition. |
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| 20 | 20 | | The legislature intends for all persons to be informed of the rights |
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| 21 | 21 | | of a breast-feeding mother and child and to be prohibited from |
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| 22 | 22 | | interfering with those rights. |
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| 23 | 23 | | Sec. 165.002. RIGHT TO BREAST-FEED. (a) A mother is |
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| 24 | 24 | | entitled to breast-feed her baby in any location in which the |
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| 25 | 25 | | mother's and child's presence on the premises [mother] is otherwise |
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| 26 | 26 | | authorized [to be]. The authorization may not be revoked solely |
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| 27 | 27 | | because the mother is breast-feeding the child. |
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| 28 | 28 | | (b) A person may not interfere with or restrict the right of |
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| 29 | 29 | | a mother to breast-feed in accordance with this section. |
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| 30 | 30 | | SECTION 2. Subchapter A, Chapter 165, Health and Safety |
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| 31 | 31 | | Code, is amended by adding Section 165.005 to read as follows: |
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| 32 | 32 | | Sec. 165.005. STATE AGENCY "MOTHER-FRIENDLY" WORKSITE. To |
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| 33 | 33 | | the extent reasonably practicable, each state agency shall develop |
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| 34 | 34 | | a policy supporting the practice of worksite breast-feeding under |
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| 35 | 35 | | Section 165.003. |
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| 36 | 36 | | SECTION 3. Chapter 165, Health and Safety Code, is amended |
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| 37 | 37 | | by adding Subchapter C to read as follows: |
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| 38 | 38 | | SUBCHAPTER C. NOTIFICATION OF RIGHT AND CIVIL CAUSE OF ACTION |
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| 39 | 39 | | Sec. 165.101. NOTIFICATION BY COMPTROLLER. (a) The |
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| 40 | 40 | | comptroller at least annually shall include in the comptroller's |
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| 41 | 41 | | tax policy e-newsletter, or another electronic notification, |
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| 42 | 42 | | information on a mother's right to breast-feed and the prohibition |
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| 43 | 43 | | against interference with or restriction of that right as provided |
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| 44 | 44 | | by Section 165.002. |
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| 45 | 45 | | (b) The comptroller shall make the notice required by |
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| 46 | 46 | | Subsection (a) available at each taxpayer seminar offered by the |
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| 47 | 47 | | office of the comptroller. |
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| 48 | 48 | | (c) The comptroller may provide the notification required |
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| 49 | 49 | | by this section with any other notice or document mailed to a person |
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| 50 | 50 | | with whom the comptroller communicates. |
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| 51 | 51 | | Sec. 165.102. CIVIL CAUSE OF ACTION. (a) A mother may |
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| 52 | 52 | | bring a civil action against a person who allegedly violates the |
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| 53 | 53 | | mother's right to breast-feed a child under Section 165.002. |
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| 54 | 54 | | (b) A mother who prevails in an action under this section is |
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| 55 | 55 | | entitled to obtain: |
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| 56 | 56 | | (1) injunctive relief; |
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| 57 | 57 | | (2) damages in an amount not to exceed $500 for each |
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| 58 | 58 | | day the violation occurs; and |
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| 59 | 59 | | (3) reasonable attorney's fees and court costs. |
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| 60 | 60 | | (c) Notwithstanding any other law, a person liable for |
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| 61 | 61 | | damages under Subsection (b)(2) is liable for only one award of $500 |
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| 62 | 62 | | for each day a violation of Section 165.002 occurs, and for all |
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| 63 | 63 | | violations of Section 165.002 the person commits on that day, |
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| 64 | 64 | | regardless of the number of violations alleged or the number of |
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| 65 | 65 | | mothers alleging a violation. A mother may recover only one award |
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| 66 | 66 | | for damages for each day a violation of Section 165.002 occurs, |
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| 67 | 67 | | regardless of the number of persons who violate that section. |
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| 68 | 68 | | SECTION 4. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2019. |
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