BILL ANALYSIS

H.B. 818

By: Walle

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In 2015, the legislature enacted legislation requiring public employers to provide employees a location to express breast milk in the workplace. Currently, an employer may designate a single‑user restroom as the place for an employee to express milk. However, the federal Fair Labor Standards Act prohibits a bathroom from being designated as a place for employees to express breast milk due to sanitation concerns and health hazards from airborne contaminants from toilets. H.B. 818 seeks to align state and federal law on this matter.

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. 818 amends the Government Code to remove the provision allowing a bathroom to be the place a public employer provides for employees to express breast milk.

EFFECTIVE DATE

September 1, 2023.