BILL ANALYSIS
C.S.H.B. 359
By: Danburg
April 21, 1995
Committee Report (Substituted)
BACKGROUND
Breast-feeding of a child is an important and basic act of nurture
which must be encouraged in the interests of maternal and child
health and family values. A breastfed child is proven to be
healthier, and the medical benefits to a mother and her child
through breast-feeding are plentiful and well documented.
Increasing the health of infants, babies, children and mothers
translates directly into monetary benefits to society. Breast-feeding is a very convenient, low cost way to provide nourishment
and nurturing to a child and can save millions of dollars annually
in health care, insurance, medical and welfare costs by increasing
mother's and child's health. Breast-feeding can also enhance work-place productivity through recognition and promotion of the known
benefits of breast-feeding: healthier mothers and children; reduced
health care costs; and decreased absenteeism from the work place by
nursing mothers.
PURPOSE
H.B. 359 encourages breast-feeding, recognizes the health benefits
of breast-feeding and acknowledges the benefits of breast-feeding
to family, employer and society. This bill requires the Department
of Health to administer a demonstration project within Travis
County and submit a report to the Governor and the Legislature
containing a policy description, problems encountered, cost and
benefits, and a recommendation of any changes necessary. This bill
also provides a standard by which businesses can voluntarily attain
the status of "Baby-Friendly" by establishing a breast-feeding
policy in accordance with the Department of Health.
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.
SECTION BY SECTION ANALYSIS
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is amended
by adding CHAPTER 165. BREAST-FEEDING.
SUBCHAPTER A. BREAST-FEEDING RIGHTS AND POLICIES
Sec. 165.001. LEGISLATIVE FINDING. In compliance with the
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.
Sec. 165.002. RIGHT TO BREAST-FEED. Establishes a mother's
right to breast-feed her baby in any location in which she is
authorized to be.
Sec. 165.003. FACILITY DESIGNATION AS "BABY-FRIENDLY."
Provides that licensed facilities providing maternity
services may be designated as "baby-friendly" in their
promotional materials if they establish a breast feeding
policy that complies with the UNICEF and World Health
Organization baby-friendly hospital initiatives. The
Department of Health may work in cooperation with UNICEF and
the World Health Organization in assisting and encouraging the
implementation of baby-friendly initiatives. The department
shall maintain a list of "baby-friendly" facilities that they
shall make available to the public.
Sec. 165.004. SERVICES PROVIDED BY STATE AGENCIES. Requires
state agencies providing maternal or child health services to
pregnant women or mothers with infants information that encourages
breast-feeding.
SUBCHAPTER B. DEMONSTRATION PROJECT
Sec. 165.031. LEGISLATIVE RECOGNITION. The legislature
recognizes a mother's responsibility to her job and her child
when she returns to work and acknowledges that a woman's choice
to breast-feed benefits the family, the employer, and society.
Sec. 165.032. DEMONSTRATION PROJECT. Requires the Department
of Health to establish a demonstration project in Travis County
providing worksite breast-feeding for department employees who
are mothers with infants. Also requires the Department of Health
to administer the demonstration project and determine the benefits,
barriers, and costs of implementing worksite support policies for
state employees.
Sec. 165.033. BREAST-FEEDING POLICY. Requires the Department
of Health to develop policies that support worksite breast-feeding including work schedule flexibility; accessible
private locations; access to clean, safe water and a sink; and
access to hygienic storage for the mother's breast milk.
Sec. 165.034. REPORT TO GOVERNOR AND LEGISLATURE. Requires
the Department of Health to submit a report on the demonstration
project to the governor and the legislature by February 1, 1997.
The report must include a description of the policies developed;
a description of the implementation of the policies in Travis
County and any problems encountered; the extent of use of
breast-feeding or breast-pumping facilities by department
employees; a survey to determine if users and their supervisors are
satisfied with the breast-feeding or breast-pumping facilities;
costs and benefits of the project, summary of issues raised by
employees; and any recommendations of changes necessary for
statewide implementation and strategies for implementing the
policies in other state agencies.
SECTION 2. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Sec. 165.001. LEGISLATIVE FINDING. Committee substitute adds new language as follows: "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."
Sec. 165.002. RIGHT TO BREAST-FEED. Committee substitute deletes "public or private" and
graphic language "regardless of whether the nipple of the mother's breast is uncovered during or
incidental to the breast-feeding."
Sec. 165.003. FACILITY DESIGNATION AS "BABY-FRIENDLY."
(a) Committee substitute eases the requirements on the Department of Health in having their board
adopt the provisions of a breast-feeding policy of which a facility was required to meet 80% of. (Also
Sec. 165.004. in original bill, deleted in substitute) Eliminates child-care facilities from "baby-friendly" designations. Committee substitute simply says that a facility may use the designation of
"baby-friendly" in its promotional materials if it complies with the UNICEF and World Health
Organization baby-friendly hospital initiatives.
(b) Substitute removes requirement of the Department of Health to review and approve "baby-friendly" designations. Substitute says the department may work in cooperation with UNICEF and
WHO in assisting and encouraging the implementation of these initiatives.
Add new subsection (c) moved this language from (b) in original bill. This new subsection says the
department shall maintain a list of "baby-friendly" facilities and make it available to the public, the
same as the original bill did.
Deletes Sec. 165.004 (a) & (b) of the original and renumber Sec. 165.005 to Sec. 165.004 in
substitute.
The substitute deletes Sec. 151.3132. BREAST PUMPS that would have exempted breast pumps
from taxes.
SUMMARY OF COMMITTEE ACTION
Pursuant to posting of public notice the House Committee on State Affairs convened in a public
hearing on March 6, 1995 to consider HB 359. The Chair laid out HB 359 and recognized Rep.
Danburg to explain the bill. The Chair recognized the following persons to testify for the bill: Rega-Richardson Wagget representing herself; Gordon G. Wagget representing himself; Wendy M.
Merola, M.D. representing herself; Barbara Wilson-Clay BS, IBCLC representing herself; Beverly
Vaugh representing herself; Virginia Raymond representing herself; Hannah Riddering representing
the Texas National Organization of Women; Qena A. McCarty representing herself; Dianne Stewart
representing the Center for Public Policy Priorities; Roberta Claussen representing herself; Judith
Ruder representing herself; Kristine Kovach representing herself; Cathy Liles representing herself;
and Myra West Lowrie, LVN, ICCE, IBCLC. The Chair recognized Janet Rourke representing
herself to provide neutral testimony on the bill. The Chair recognized Rep. Danburg to close. The
Chair left HB 359 pending. In a public hearing on April 5, 1995 the Chair laid out HB 359. Rep.
Craddick laid out Committee Amendment #1 which was adopted without objection. The substitute
as amended was adopted without objection. The Chair directed the staff to incorporate the
amendment into the substitute. The bill was reported favorably as substituted with the
recommendation that it do pass and be printed by a record vote of 14 ayes, 1 nay, 0 pnv, and 0
absent.