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A BILL TO BE ENTITLED
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AN ACT
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relating to the promotion of breast-feeding and the prohibition |
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against interference with or restriction of the right to |
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breast-feed; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 165.001 and 165.002, Health and Safety |
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Code, are amended to read as follows: |
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Sec. 165.001. LEGISLATIVE FINDING. The legislature finds |
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that breast-feeding a baby is an important and basic act of nurture |
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that must be encouraged in the interests of maternal and child |
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health and family values. In compliance with the breast-feeding |
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promotion program established under the federal Child Nutrition Act |
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of 1966 (42 U.S.C. Section 1771 et seq.), the legislature |
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recognizes breast-feeding as the best method of infant nutrition. |
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The legislature intends that all persons be informed of the rights |
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of a breast-feeding mother and child and be prohibited from |
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interfering with those rights. |
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Sec. 165.002. RIGHT TO BREAST-FEED. (a) A mother is |
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entitled to breast-feed her baby in any location in which the mother |
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is otherwise authorized to be. A mother's authority to be in a |
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location may not be revoked for the sole reason that she begins to |
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breast-feed. |
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(b) A person may not interfere with or restrict the right of |
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a mother to breast-feed in accordance with this section. |
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SECTION 2. Subchapter A, Chapter 165, Health and Safety |
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Code, is amended by adding Section 165.005 to read as follows: |
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Sec. 165.005. STATE AGENCY "MOTHER-FRIENDLY" WORKSITE. To |
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the extent reasonably practicable, each state agency shall develop |
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a policy supporting the practice of worksite breast-feeding under |
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Section 165.003. |
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SECTION 3. Chapter 165, Health and Safety Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. NOTIFICATION AND PENALTY |
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Sec. 165.101. NOTIFICATION BY COMPTROLLER. (a) The |
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comptroller at least annually shall include in the comptroller's |
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tax policy e-newsletter notification of the right of a mother to |
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breast-feed and the prohibition against interference with or |
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restriction of that right as provided by Section 165.002. |
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(b) The comptroller shall make the notice required by |
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Subsection (a) available at each taxpayer seminar offered by the |
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office of the comptroller. |
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(c) The comptroller may also provide the notification |
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required by this section with any other notice or document mailed to |
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an entity described by this section. |
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Sec. 165.102. CIVIL PENALTY. (a) The district or county |
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attorney for the county in which a violation of Section 165.002 is |
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alleged to have occurred may issue a letter to the person alleged to |
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have violated that section. The letter must advise the person of |
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the requirements of Section 165.002 and state that the person may be |
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liable for a civil penalty under this section for a subsequent |
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violation. |
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(b) A person who violates Section 165.002 after receiving a |
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warning letter under Subsection (a) is liable to the state for a |
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civil penalty of $250 for each violation that occurs after the |
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letter is received. |
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(c) The district or county attorney for the county in which |
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a violation of this section is alleged to have occurred, or the |
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attorney general, if requested by the district or county attorney |
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for that county, may file suit for the collection of the penalty. |
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(d) A civil penalty recovered under this section shall be |
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deposited: |
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(1) in the state treasury if the attorney general |
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brings the suit; or |
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(2) in the general fund of the county in which the |
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violation occurred if a district or county attorney brings the |
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suit. |
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Sec. 165.103. PRIVATE CAUSE OF ACTION. (a) An interested |
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person alleging that a violation of Section 165.002 occurred may |
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send a certified letter described by Section 165.102(a) to the |
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person alleged to have violated that section if: |
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(1) the district or county attorney for the county in |
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which the violation is alleged to have occurred did not send a |
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letter authorized by Section 165.102; and |
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(2) at least 60 days have passed since the date the |
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district or county attorney was notified of the alleged violation. |
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(b) A person who violates Section 165.002 after receiving a |
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warning letter under Subsection (a) is liable to the interested |
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person who sent the letter for civil damages of $250 for each |
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violation that occurs after the letter is received. |
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(c) In this section, "interested person" means a parent, |
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foster parent, or other person related by blood or marriage to a |
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child who was breast-feeding at the time the mother's rights were |
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alleged to have been violated. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, but not later than September 1, 2010, the comptroller |
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shall provide the notification required by Section 165.101, Health |
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and Safety Code, as added by this Act, to each business entity with |
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which the comptroller communicates in existence on the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |