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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. |
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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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Codes 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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and the child is are otherwise authorized to be. A mother's |
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authority to be in a location may not be revoked for the sole reason |
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that she begins to 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 CIVIL CAUSE OF ACTION |
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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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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 CAUSE OF ACTION. (a) In Section |
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165.102, "interested person" means a mother who was breast-feeding |
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at the time the mother's rights were alleged to have been violated. |
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(b) In Section 165.102, "entity" refers to a single |
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geographic address. If an entity has more than one geographic |
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address each separate geographic address is a different entity for |
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purposes of this section. |
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(c) An interested person may bring a civil action against a |
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person alleged to have violated Section 165.002. |
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(d) A person who brings an action under this section may |
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obtain: |
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(1) Injunctive relief against any person, or entity |
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that commits a violation of this chapter; |
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(2) An award for a civil penalty of $500 to a |
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prevailing plaintiff; and |
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(3) An award for reasonable and necessary attorney |
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fees incurred by that party in the action. |
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(e) Notwithstanding any other provisions of this section, |
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or of law, a person or entity that violates this chapter is liable |
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for only one civil penalty of $500 for each day a violation of this |
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chapter occurs, and for all violations of this chapter committed by |
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that person or entity on that day, regardless of the number of |
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violations alleged or the number of interested persons claiming |
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that a violation has occurred. An interested person can recover |
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only one civil penalty for each day a violation of this chapter |
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occurs, regardless of the number of persons who allegedly commit |
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the violation. |
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(f) A judgment rendered in a civil action brought under this |
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section must award to the prevailing party reasonable and necessary |
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attorney fees incurred by that party in the action. |
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SECTION 4. This Act takes effect September 1, 2013. |