1-1 By: Danburg, et al. (Senate Sponsor - Moncrief) H.B. No. 359
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 22, 1995, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; May 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to breast-feeding in public or private places, including
1-9 worksites.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
1-12 amended by adding Chapter 165 to read as follows:
1-13 CHAPTER 165. BREAST-FEEDING
1-14 SUBCHAPTER A. BREAST-FEEDING RIGHTS AND POLICIES
1-15 Sec. 165.001. LEGISLATIVE FINDING. The legislature finds
1-16 that breast-feeding a baby is an important and basic act of nurture
1-17 that must be encouraged in the interests of maternal and child
1-18 health and family values. In compliance with the breast-feeding
1-19 promotion program established under the federal Child Nutrition Act
1-20 of 1966 (42 U.S.C. Section 1771 et seq.), the legislature
1-21 recognizes breast-feeding as the best method of infant nutrition.
1-22 Sec. 165.002. RIGHT TO BREAST-FEED. A mother is entitled to
1-23 breast-feed her baby in any location in which the mother is
1-24 authorized to be.
1-25 Sec. 165.003. BUSINESS DESIGNATION AS "MOTHER-FRIENDLY."
1-26 (a) A business may use the designation "mother-friendly" in its
1-27 promotional materials if the business develops a policy supporting
1-28 the practice of worksite breast-feeding that addresses the
1-29 following:
1-30 (1) work schedule flexibility, including scheduling
1-31 breaks and work patterns to provide time for expression of milk;
1-32 (2) the provision of accessible locations allowing
1-33 privacy;
1-34 (3) access nearby to a clean, safe water source and a
1-35 sink for washing hands and rinsing out any needed breast-pumping
1-36 equipment; and
1-37 (4) access to hygienic storage alternatives in the
1-38 workplace for the mother's breast milk.
1-39 (b) The business shall submit its breast-feeding policy to
1-40 the department. The department shall maintain a list of
1-41 "mother-friendly" businesses covered under this section and shall
1-42 make the list available for public inspection.
1-43 Sec. 165.004. SERVICES PROVIDED BY STATE AGENCIES. Any
1-44 state agency that administers a program providing maternal or child
1-45 health services shall provide information that encourages
1-46 breast-feeding to program participants who are pregnant women or
1-47 mothers with infants.
1-48 (Sections 165.005-165.030 reserved for expansion
1-49 SUBCHAPTER B. DEMONSTRATION PROJECT
1-50 Sec. 165.031. LEGISLATIVE RECOGNITION. The legislature
1-51 recognizes a mother's responsibility to both her job and her child
1-52 when she returns to work and acknowledges that a woman's choice to
1-53 breast-feed benefits the family, the employer, and society.
1-54 Sec. 165.032. DEMONSTRATION PROJECT. (a) The department
1-55 shall establish a demonstration project in Travis County to provide
1-56 access to worksite breast-feeding for department employees who are
1-57 mothers with infants.
1-58 (b) The department shall administer the demonstration
1-59 project and shall determine the benefits of, potential barriers to,
1-60 and potential costs of implementing worksite breast-feeding support
1-61 policies for state employees.
1-62 Sec. 165.033. BREAST-FEEDING POLICY. The department shall
1-63 develop recommendations supporting the practice of worksite
1-64 breast-feeding that address the following:
1-65 (1) work schedule flexibility, including scheduling
1-66 breaks and work patterns to provide time for expression of milk;
1-67 (2) the provision of accessible locations allowing
1-68 privacy;
2-1 (3) access nearby to a clean, safe water source and a
2-2 sink for washing hands and rinsing out any needed breast-pumping
2-3 equipment; and
2-4 (4) access to hygienic storage alternatives in the
2-5 workplace for the mother's breast milk.
2-6 Sec. 165.034. REPORT TO GOVERNOR AND LEGISLATURE. The
2-7 department, if requested by the governor or any member of the
2-8 legislature, shall submit a report on the demonstration project to
2-9 the governor or that member of the legislature not later than
2-10 February 1, 1997. The report must include:
2-11 (1) a description of the policies developed;
2-12 (2) a description of the implementation of the
2-13 policies in Travis County and any problems encountered;
2-14 (3) the extent of use of any breast-feeding or
2-15 breast-pumping facilities by department employees;
2-16 (4) a survey to assess the level of satisfaction with
2-17 the breast-feeding or breast-pumping facilities and the policies by
2-18 users and their supervisors;
2-19 (5) the costs and benefits associated with the
2-20 demonstration project;
2-21 (6) a summary of issues raised by employees; and
2-22 (7) a recommendation of any changes necessary for
2-23 statewide implementation and strategies for implementing the
2-24 policies in other state agencies.
2-25 SECTION 2. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
2-28 constitutional rule requiring bills to be read on three several
2-29 days in each house be suspended, and this rule is hereby suspended.
2-30 * * * * *