By Danburg, et al. H.B. No. 359
Substitute the following for H.B. No. 359:
By Craddick C.S.H.B. No. 359
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to breast-feeding in public or private places, including
1-3 worksites, and to a sales tax exemption for breast pumps.
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. FACILITY DESIGNATION AS "BABY-FRIENDLY." (a)
1-20 A facility licensed under Subtitle B, Title 4, that provides
1-21 maternity services may use the designation "baby-friendly" in its
1-22 promotional materials if the facility establishes a breast-feeding
1-23 policy that complies with the UNICEF and World Health Organization
1-24 baby-friendly hospital initiatives.
2-1 (b) The department may work in cooperation with UNICEF and
2-2 the World Health Organization in assisting and encouraging the
2-3 implementation of the baby-friendly initiatives in this state.
2-4 (c) The department shall maintain a list of baby-friendly
2-5 facilities covered under this section and shall make the list
2-6 available for public inspection.
2-7 Sec. 165.004. SERVICES PROVIDED BY STATE AGENCIES. Any
2-8 state agency that administers a program providing maternal or child
2-9 health services shall provide information that encourages
2-10 breast-feeding to program participants who are pregnant women or
2-11 mothers with infants.
2-12 (Sections 165.005-165.030 reserved for expansion
2-13 SUBCHAPTER B. DEMONSTRATION PROJECT
2-14 Sec. 165.031. LEGISLATIVE RECOGNITION. The legislature
2-15 recognizes both a mother's responsibility to her job and her child
2-16 when she returns to work and acknowledges that a woman's choice to
2-17 breast-feed benefits the family, the employer, and society.
2-18 Sec. 165.032. DEMONSTRATION PROJECT. (a) The department
2-19 shall establish a demonstration project in Travis County to provide
2-20 access to worksite breast-feeding for department employees who are
2-21 mothers with infants.
2-22 (b) The department shall administer the demonstration
2-23 project and shall determine the benefits of, potential barriers to,
2-24 and potential costs of implementing worksite breast-feeding support
2-25 policies for state employees.
2-26 Sec. 165.033. BREAST-FEEDING POLICY. The department shall
2-27 develop policies supporting the practice of worksite breast-feeding
3-1 that address the following:
3-2 (1) work schedule flexibility, including scheduling
3-3 breaks and work patterns to provide time for expression of milk;
3-4 (2) the provision of accessible locations allowing
3-5 privacy;
3-6 (3) access nearby to a clean, safe water source and a
3-7 sink for washing hands and rinsing out any needed breast-pumping
3-8 equipment; and
3-9 (4) access to hygienic storage alternatives in the
3-10 workplace for the mother's breast milk.
3-11 Sec. 165.034. REPORT TO GOVERNOR AND LEGISLATURE. The
3-12 department shall submit a report on the demonstration project to
3-13 the governor and the legislature not later than February 1, 1997.
3-14 The report must include:
3-15 (1) a description of the policies developed;
3-16 (2) a description of the implementation of the
3-17 policies in Travis County and any problems encountered;
3-18 (3) the extent of use of any breast-feeding or
3-19 breast-pumping facilities by department employees;
3-20 (4) a survey to assess the level of satisfaction with
3-21 the breast-feeding or breast-pumping facilities and the policies by
3-22 users and their supervisors;
3-23 (5) the costs and benefits associated with the
3-24 demonstration project;
3-25 (6) a summary of issues raised by employees; and
3-26 (7) a recommendation of any changes necessary for
3-27 statewide implementation and strategies for implementing the
4-1 policies in other state agencies.
4-2 SECTION 2. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.