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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a public employee to breast-feed, or to |
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express breast milk for, the employee's child in the workplace. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 619 to read as follows: |
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CHAPTER 619. RIGHT TO BREAST-FEED OR EXPRESS BREAST MILK |
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IN THE WORKPLACE |
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Sec. 619.001. DEFINITION. In this chapter, "public |
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employer" means a: |
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(1) county, municipality, or other political |
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subdivision of this state, including a school district; or |
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(2) board, commission, office, department, or other |
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agency in the executive, judicial, or legislative branch of state |
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government, including an institution of higher education. |
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Sec. 619.002. RIGHT TO BREAST-FEED OR EXPRESS BREAST MILK. |
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An employee of a public employer is entitled to breast-feed, or |
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express breast milk for, the employee's child at the employee's |
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workplace. |
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Sec. 619.003. BREAST-FEEDING POLICY. (a) A public employer |
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shall develop a written policy supporting women who want to |
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continue breast-feeding after returning from maternity leave. |
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(b) A policy developed under Subsection (a) must state that |
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the public employer shall: |
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(1) support and encourage the practice of |
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breast-feeding; and |
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(2) accommodate the breast-feeding needs of |
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employees. |
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Sec. 619.004. PUBLIC EMPLOYER RESPONSIBILITIES. A public |
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employer shall: |
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(1) provide a reasonable amount of break time at |
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appropriate intervals to accommodate an employee desiring to |
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breast-feed or express breast milk under this chapter; and |
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(2) provide a room or other location in close |
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proximity to the employee's work area, other than a toilet stall or |
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restroom, with an accessible electrical outlet and a locking door |
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where the employee can breast-feed or express breast milk in |
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private. |
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Sec. 619.005. DISCRIMINATION PROHIBITED. (a) A public |
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employer may not suspend or terminate the employment of, or |
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otherwise discriminate against, an employee based on the employee's |
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exercise of her right to breast-feed or express breast milk in the |
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workplace under this chapter. |
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(b) The refusal of a public employer to comply with the |
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requirements of this chapter constitutes an unlawful employment |
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practice under Chapter 21, Labor Code. |
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SECTION 2. This Act takes effect September 1, 2013. |