H.B. No. 359
1-1 AN ACT
1-2 relating to breast-feeding in public or private places, including
1-3 worksites.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
1-6 amended by adding Chapter 165 to read as follows:
1-7 CHAPTER 165. BREAST-FEEDING
1-8 SUBCHAPTER A. BREAST-FEEDING RIGHTS AND POLICIES
1-9 Sec. 165.001. LEGISLATIVE FINDING. The legislature finds
1-10 that breast-feeding a baby is an important and basic act of nurture
1-11 that must be encouraged in the interests of maternal and child
1-12 health and family values. In compliance with the breast-feeding
1-13 promotion program established under the federal Child Nutrition Act
1-14 of 1966 (42 U.S.C. Section 1771 et seq.), the legislature
1-15 recognizes breast-feeding as the best method of infant nutrition.
1-16 Sec. 165.002. RIGHT TO BREAST-FEED. A mother is entitled to
1-17 breast-feed her baby in any location in which the mother is
1-18 authorized to be.
1-19 Sec. 165.003. BUSINESS DESIGNATION AS "MOTHER-FRIENDLY."
1-20 (a) A business may use the designation "mother-friendly" in its
1-21 promotional materials if the business develops a policy supporting
1-22 the practice of worksite breast-feeding that addresses the
1-23 following:
1-24 (1) work schedule flexibility, including scheduling
2-1 breaks and work patterns to provide time for expression of milk;
2-2 (2) the provision of accessible locations allowing
2-3 privacy;
2-4 (3) access nearby to a clean, safe water source and a
2-5 sink for washing hands and rinsing out any needed breast-pumping
2-6 equipment; and
2-7 (4) access to hygienic storage alternatives in the
2-8 workplace for the mother's breast milk.
2-9 (b) The business shall submit its breast-feeding policy to
2-10 the department. The department shall maintain a list of
2-11 "mother-friendly" businesses covered under this section and shall
2-12 make the list available for public inspection.
2-13 Sec. 165.004. SERVICES PROVIDED BY STATE AGENCIES. Any
2-14 state agency that administers a program providing maternal or child
2-15 health services shall provide information that encourages
2-16 breast-feeding to program participants who are pregnant women or
2-17 mothers with infants.
2-18 (Sections 165.005-165.030 reserved for expansion
2-19 SUBCHAPTER B. DEMONSTRATION PROJECT
2-20 Sec. 165.031. LEGISLATIVE RECOGNITION. The legislature
2-21 recognizes a mother's responsibility to both her job and her child
2-22 when she returns to work and acknowledges that a woman's choice to
2-23 breast-feed benefits the family, the employer, and society.
2-24 Sec. 165.032. DEMONSTRATION PROJECT. (a) The department
2-25 shall establish a demonstration project in Travis County to provide
2-26 access to worksite breast-feeding for department employees who are
2-27 mothers with infants.
3-1 (b) The department shall administer the demonstration
3-2 project and shall determine the benefits of, potential barriers to,
3-3 and potential costs of implementing worksite breast-feeding support
3-4 policies for state employees.
3-5 Sec. 165.033. BREAST-FEEDING POLICY. The department shall
3-6 develop recommendations supporting the practice of worksite
3-7 breast-feeding that address the following:
3-8 (1) work schedule flexibility, including scheduling
3-9 breaks and work patterns to provide time for expression of milk;
3-10 (2) the provision of accessible locations allowing
3-11 privacy;
3-12 (3) access nearby to a clean, safe water source and a
3-13 sink for washing hands and rinsing out any needed breast-pumping
3-14 equipment; and
3-15 (4) access to hygienic storage alternatives in the
3-16 workplace for the mother's breast milk.
3-17 Sec. 165.034. REPORT TO GOVERNOR AND LEGISLATURE. The
3-18 department, if requested by the governor or any member of the
3-19 legislature, shall submit a report on the demonstration project to
3-20 the governor or that member of the legislature not later than
3-21 February 1, 1997. The report must include:
3-22 (1) a description of the policies developed;
3-23 (2) a description of the implementation of the
3-24 policies in Travis County and any problems encountered;
3-25 (3) the extent of use of any breast-feeding or
3-26 breast-pumping facilities by department employees;
3-27 (4) a survey to assess the level of satisfaction with
4-1 the breast-feeding or breast-pumping facilities and the policies by
4-2 users and their supervisors;
4-3 (5) the costs and benefits associated with the
4-4 demonstration project;
4-5 (6) a summary of issues raised by employees; and
4-6 (7) a recommendation of any changes necessary for
4-7 statewide implementation and strategies for implementing the
4-8 policies in other state agencies.
4-9 SECTION 2. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.