Texas 2025 - 89th Regular

Texas House Bill HB1127 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R3074 MCF-F
2		-	By: Gámez, Guerra, Garcia of Dallas H.B. No. 1127
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4		-
	2	+	By: Gámez H.B. No. 1127
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7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the promotion of breast-feeding and the prohibition
10	8		against interference with or restriction of the right to
11	9		breast-feed.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Sections 165.001 and 165.002, Health and Safety
14	12		Code, are amended to read as follows:
15	13		Sec. 165.001. LEGISLATIVE FINDING. The legislature finds
16	14		that breast-feeding a baby is an important and basic act of nurture
17	15		that must be encouraged in the interests of maternal and child
18	16		health and family values. In compliance with the breast-feeding
19	17		promotion program established under the federal Child Nutrition Act
20	18		of 1966 (42 U.S.C. Section 1771 et seq.), the legislature
21	19		recognizes breast-feeding as the best method of infant nutrition.
22	20		The legislature intends for all persons to be informed of the rights
23	21		of a breast-feeding mother and child and to be prohibited from
24	22		interfering with those rights.
25	23		Sec. 165.002. RIGHT TO BREAST-FEED OR EXPRESS BREAST MILK
26	24		AND PROHIBITED INTERFERENCE WITH OR RESTRICTION OF THAT RIGHT. (a)
27	25		A mother is entitled to breast-feed her baby or express breast milk
28	26		in any location in which the mother's and child's presence on the
29	27		premises is otherwise authorized. The authorization may not be
30	28		revoked solely because the mother is breast-feeding the child.
31	29		(b) A person may not interfere with or restrict the right of
32	30		a mother to breast-feed in accordance with this section.
33	31		SECTION 2. Subchapter A, Chapter 165, Health and Safety
34	32		Code, is amended by adding Section 165.005 to read as follows:
35	33		Sec. 165.005. STATE AGENCY "MOTHER-FRIENDLY" WORKSITE. To
36	34		the extent reasonably practicable, each state agency shall develop
37	35		a policy supporting the practice of worksite breast-feeding in
38	36		accordance with Section 165.003.
39	37		SECTION 3. Chapter 165, Health and Safety Code, is amended
40	38		by adding Subchapter C to read as follows:
41	39		SUBCHAPTER C. NOTIFICATION OF RIGHT AND CIVIL CAUSE OF ACTION
42	40		Sec. 165.101. NOTIFICATION BY COMPTROLLER. (a) The
43	41		comptroller at least annually shall include in the comptroller's
44	42		tax policy e-newsletter, or another electronic notification,
45	43		information on a mother's right to breast-feed and the prohibition
46	44		against interference with or restriction of that right as provided
47	45		by Section 165.002.
48	46		(b) The comptroller shall make available the notice
49	47		required by Subsection (a) at each taxpayer seminar the office of
50	48		the comptroller offers.
51	49		(c) The comptroller may provide the notification required
52	50		by this section with any other notice or document the comptroller
53	51		mails to a person.
54	52		Sec. 165.102. CIVIL CAUSE OF ACTION. (a) A mother may
55	53		bring a civil action against a person who allegedly violates
56	54		Section 165.002.
57	55		(b) A mother who prevails in an action brought under this
58	56		section is entitled to obtain:
59	57		(1) injunctive relief;
60	58		(2) damages in an amount not to exceed $500 for each
61	59		day the violation occurs; and
62	60		(3) reasonable attorney's fees and court costs.
63	61		(c) Notwithstanding any other law, a person liable for
64	62		damages under Subsection (b)(2) is liable for only one award of $500
65	63		for each day a violation of Section 165.002 occurs, and for all
66	64		violations of Section 165.002 the person commits on that day,
67	65		regardless of the number of violations alleged or the number of
68	66		mothers alleging a violation. A mother may recover only one award
69	67		for damages for each day a violation of Section 165.002 occurs,
70	68		regardless of the number of persons who violate that section.
71	69		(d) The sovereign immunity of this state and governmental
72	70		immunity of a political subdivision to suit and from liability is
73	71		waived to the extent of liability created by this section.
74	72		SECTION 4. This Act takes effect immediately if it receives
75	73		a vote of two-thirds of all the members elected to each house, as
76	74		provided by Section 39, Article III, Texas Constitution. If this
77	75		Act does not receive the vote necessary for immediate effect, this
78	76		Act takes effect September 1, 2025.