BILL ANALYSIS H.B. 1127 By: Gmez State Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE Currently, state law protecting a mother's right to breast-feed may not be fully effective in practice due to limited public awareness of the law and a lack of enforcement mechanisms. H.B. 1127 seeks to increase public awareness of breast-feeding rights and enforcement mechanisms and to prevent interference with the rights of breast-feeding mothers and their children within state agencies. The bill addresses these issues by requiring state agencies to develop a policy supporting the practice of worksite breast-feeding, creating a civil cause of action for a violation of a mother's right to breast-feed, and requiring the comptroller of public accounts to distribute information on at least an annual basis regarding that right and the prohibition against interference with or restriction of that right. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1127 amends the Health and Safety Code to establish legislative intent 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. The bill changes the locations in which a mother is entitled to breast-feed her baby or express breast milk from any location in which the mother's presence is otherwise authorized to any location in which the mother's and child's presence on the premises is otherwise authorized. The bill prohibits such an authorization from being revoked solely because the mother is breast-feeding the child and prohibits any person from interfering with or restricting the right of a mother to breast-feed in accordance with the bill's provisions. H.B. 1127 requires each state agency, to the extent reasonably practicable, to develop a policy supporting the practice of worksite breast-feeding in accordance with statutory provisions related to the designation of certain businesses as "mother-friendly." H.B. 1127 requires the comptroller of public accounts to do the following: include at least annually in the comptroller's tax policy e-newsletter, or another electronic notification, information on the following: o a mother's right to breast-feed; and o the prohibition against interference with or restriction of that right as provided by the bill's provisions; and make the required notice available at each taxpayer seminar the office of the comptroller offers. The bill authorizes the comptroller to provide the required notification with any other notice or document the comptroller mails to a person. H.B. 1127 authorizes a mother to bring a civil action against a person who allegedly violates the bill's provisions regarding the mother's right to breast-feed and the prohibition against interference with or restriction of that right. The bill entitles a mother who prevails in such an action to obtain injunctive relief, damages in an amount not to exceed $500 for each day the violation occurs, and reasonable attorney's fees and court costs. A person liable for such damages is liable for only one award of $500 for each day the violation occurs, and for all violations the person commits on that day, regardless of the number of violations alleged or the number of mothers alleging a violation. In addition, the bill does the following: authorizes a mother to recover only one award for damages for each day the violation occurs, regardless of the number of persons who violate the mother's rights under the bill's provisions; and waives sovereign immunity of the state and governmental immunity of a political subdivision to suit and from liability to the extent of liability created by the bill's provisions. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1127
By: Gmez
State Affairs
Committee Report (Unamended)
H.B. 1127
By: Gmez
State Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE Currently, state law protecting a mother's right to breast-feed may not be fully effective in practice due to limited public awareness of the law and a lack of enforcement mechanisms. H.B. 1127 seeks to increase public awareness of breast-feeding rights and enforcement mechanisms and to prevent interference with the rights of breast-feeding mothers and their children within state agencies. The bill addresses these issues by requiring state agencies to develop a policy supporting the practice of worksite breast-feeding, creating a civil cause of action for a violation of a mother's right to breast-feed, and requiring the comptroller of public accounts to distribute information on at least an annual basis regarding that right and the prohibition against interference with or restriction of that right.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1127 amends the Health and Safety Code to establish legislative intent 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. The bill changes the locations in which a mother is entitled to breast-feed her baby or express breast milk from any location in which the mother's presence is otherwise authorized to any location in which the mother's and child's presence on the premises is otherwise authorized. The bill prohibits such an authorization from being revoked solely because the mother is breast-feeding the child and prohibits any person from interfering with or restricting the right of a mother to breast-feed in accordance with the bill's provisions. H.B. 1127 requires each state agency, to the extent reasonably practicable, to develop a policy supporting the practice of worksite breast-feeding in accordance with statutory provisions related to the designation of certain businesses as "mother-friendly." H.B. 1127 requires the comptroller of public accounts to do the following: include at least annually in the comptroller's tax policy e-newsletter, or another electronic notification, information on the following: o a mother's right to breast-feed; and o the prohibition against interference with or restriction of that right as provided by the bill's provisions; and make the required notice available at each taxpayer seminar the office of the comptroller offers. The bill authorizes the comptroller to provide the required notification with any other notice or document the comptroller mails to a person. H.B. 1127 authorizes a mother to bring a civil action against a person who allegedly violates the bill's provisions regarding the mother's right to breast-feed and the prohibition against interference with or restriction of that right. The bill entitles a mother who prevails in such an action to obtain injunctive relief, damages in an amount not to exceed $500 for each day the violation occurs, and reasonable attorney's fees and court costs. A person liable for such damages is liable for only one award of $500 for each day the violation occurs, and for all violations the person commits on that day, regardless of the number of violations alleged or the number of mothers alleging a violation. In addition, the bill does the following: authorizes a mother to recover only one award for damages for each day the violation occurs, regardless of the number of persons who violate the mother's rights under the bill's provisions; and waives sovereign immunity of the state and governmental immunity of a political subdivision to suit and from liability to the extent of liability created by the bill's provisions.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BACKGROUND AND PURPOSE
Currently, state law protecting a mother's right to breast-feed may not be fully effective in practice due to limited public awareness of the law and a lack of enforcement mechanisms. H.B. 1127 seeks to increase public awareness of breast-feeding rights and enforcement mechanisms and to prevent interference with the rights of breast-feeding mothers and their children within state agencies. The bill addresses these issues by requiring state agencies to develop a policy supporting the practice of worksite breast-feeding, creating a civil cause of action for a violation of a mother's right to breast-feed, and requiring the comptroller of public accounts to distribute information on at least an annual basis regarding that right and the prohibition against interference with or restriction of that right.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1127 amends the Health and Safety Code to establish legislative intent 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. The bill changes the locations in which a mother is entitled to breast-feed her baby or express breast milk from any location in which the mother's presence is otherwise authorized to any location in which the mother's and child's presence on the premises is otherwise authorized. The bill prohibits such an authorization from being revoked solely because the mother is breast-feeding the child and prohibits any person from interfering with or restricting the right of a mother to breast-feed in accordance with the bill's provisions.
H.B. 1127 requires each state agency, to the extent reasonably practicable, to develop a policy supporting the practice of worksite breast-feeding in accordance with statutory provisions related to the designation of certain businesses as "mother-friendly."
H.B. 1127 requires the comptroller of public accounts to do the following:
include at least annually in the comptroller's tax policy e-newsletter, or another electronic notification, information on the following:
o a mother's right to breast-feed; and
o the prohibition against interference with or restriction of that right as provided by the bill's provisions; and
make the required notice available at each taxpayer seminar the office of the comptroller offers.
The bill authorizes the comptroller to provide the required notification with any other notice or document the comptroller mails to a person.
H.B. 1127 authorizes a mother to bring a civil action against a person who allegedly violates the bill's provisions regarding the mother's right to breast-feed and the prohibition against interference with or restriction of that right. The bill entitles a mother who prevails in such an action to obtain injunctive relief, damages in an amount not to exceed $500 for each day the violation occurs, and reasonable attorney's fees and court costs. A person liable for such damages is liable for only one award of $500 for each day the violation occurs, and for all violations the person commits on that day, regardless of the number of violations alleged or the number of mothers alleging a violation. In addition, the bill does the following:
authorizes a mother to recover only one award for damages for each day the violation occurs, regardless of the number of persons who violate the mother's rights under the bill's provisions; and
waives sovereign immunity of the state and governmental immunity of a political subdivision to suit and from liability to the extent of liability created by the bill's provisions.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.