79R648 JTS-D

By:  McClendon                                                    H.B. No. 302



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting certain health care providers from 
promoting infant formula.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 165, Health and Safety 
Code, is amended by adding Section 165.005 to read as follows:
	Sec. 165.005.  INFANT FORMULA PROMOTION PROHIBITION.  (a)  A 
hospital, birthing center, physician, or other health care provider 
that provides services to mothers and infants may not promote the 
use of infant formula, including by:
		(1)  distributing without charge an infant formula or 
any item containing the name of an infant formula; and
		(2)  advertising an infant formula.                                    
	(b)  The executive commissioner of the Health and Human 
Services Commission shall adopt rules to implement this section.
	SECTION 2.  This Act takes effect September 1, 2005.