BILL ANALYSIS


                                                         H.B. 359
                                           By: Danburg (Moncrief)
                                        Health and Human Services
                                                         05-22-95
                              Senate Committee Report (Unamended)
BACKGROUND

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.  In addition, breast-feeding is a
very convenient, low cost method of providing nourishment to a
child and can save annual health care, insurance, medical, and
welfare costs by increasing the mother's and child's health. 
Breast-feeding can also enhance work-place productivity due to
healthier mothers and children, reduced health care costs, and
decreased absenteeism by nursing mothers.

PURPOSE

As proposed, H.B. 359 establishes provisions regarding breast-feeding in public or private places, including worksites.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2H, Health and Safety Code, by adding
Chapter 165, as follows:

                   CHAPTER 165.  BREAST-FEEDING

        SUBCHAPTER A.  BREAST-FEEDING RIGHTS AND POLICIES

     Sec. 165.001.  LEGISLATIVE FINDING.  Sets forth the findings
     of the legislature concerning breast feeding.
     
     Sec. 165.002.  RIGHT TO BREAST-FEED.  Declares that a mother
     is entitled to breast-feed her baby in any location in which
     the mother is authorized to be.
     
     Sec. 165.003.  BUSINESS DESIGNATION AS "MOTHER-FRIENDLY."  (a)
     Authorizes a business to use the designation "mother-friendly"
     in its promotional materials if the business develops a policy
     supporting the practice of worksite breast-feeding that
     addresses certain issues.
     
     (b) Requires the business to submit its breast-feeding
       policy to the Texas Department of Health (department). 
       Requires the department to maintain a list of "mother-friendly" businesses covered under this section and to make
       the list available for public inspection.
       
     Sec. 165.004.  SERVICES PROVIDED BY STATE AGENCIES.  Requires
     any state agency that administers a program providing maternal
     or child health services to provide information that
     encourages breast-feeding to program participants who are
     pregnant women or mothers with infants.
     
               SUBCHAPTER B.  DEMONSTRATION PROJECT

     Sec. 165.031.  LEGISLATIVE RECOGNITION.  Provides that the
     legislature recognizes the importance of breast-feeding for
     working mothers.
     
     Sec. 165.032.  DEMONSTRATION PROJECT.  (a) Requires the
     department to establish a demonstration project in Travis
     County to provide access to worksite breast-feeding for
     department employees who are mothers with infants.
     
     (b) Requires the department to administer the demonstration
       project and to determine the benefits of, potential barriers
       to, and potential costs of implementing worksite breast-feeding support policies for state employees.
       
       Sec. 165.033.  BREAST-FEEDING POLICY.  Requires the department
     to develop recommendations supporting the practice of worksite
     breast-feeding that address certain issues.
     
     Sec. 165.034.  REPORT TO GOVERNOR AND LEGISLATURE.  Requires
     the department, if requested by the governor or any member of
     the legislature, to submit a report on the demonstration
     project to the governor or that member of the legislature not
     later than February 1, 1997.  Requires the report to include
     certain information.
     
     SECTION 2.     Emergency clause.
           Effective date: 90 days after adjournment.