| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the promotion of breast-feeding and the prohibition |
|
|
against interference with or restriction of the right to |
|
|
breast-feed; providing a private cause of action for denial of this |
|
|
right. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 165.001 and 165.002, Health and Safety |
|
|
Codes are amended to read as follows: |
|
|
Sec. 165.001. Legislative Finding. The legislature finds |
|
|
that breast-feeding a baby is an important and basic act of nurture |
|
|
that must be encouraged in the interests of maternal and child |
|
|
health and family values. In compliance with the breast-feeding |
|
|
promotion program established under the federal Child Nutrition Act |
|
|
of 1966 (42 U.S.C. Section 1771 et seq.), the legislature |
|
|
recognizes breast-feeding as the best method of infant nutrition. |
|
|
The legislature intends that all persons be informed of the rights |
|
|
of a breast-feeding mother and child and be prohibited from |
|
|
interfering with those rights. |
|
|
Sec. 165.002. Right to Breast-Feed. (a) A mother is |
|
|
entitled to breast-feed her baby in any location in which the mother |
|
|
is otherwise authorized to be. A mother's authority to be in a |
|
|
location may not be revoked for the sole reason that she begins to |
|
|
breast-feed. |
|
|
(b) A person may not interfere with or restrict the right of |
|
|
a mother to breast-feed in accordance with this section. |
|
|
SECTION 2. Subchapter A, Chapter 165, Health and Safety |
|
|
Code, is amended by adding Section 165.005 to read as follows: |
|
|
Sec. 165.005. STATE AGENCY "MOTHER-FRIENDLY" WORKSITE. To |
|
|
the extent reasonably practicable, each state agency shall develop |
|
|
a policy supporting the practice of worksite breast-feeding under |
|
|
Section 165.003. |
|
|
SECTION 3. Chapter 165, Health and Safety Code, is amended |
|
|
by adding Subchapter C to read as follows: |
|
|
Subchapter C: Notification and Private Cause of Action |
|
|
Sec. 165.101. Notification by Comptroller. (a) The |
|
|
comptroller, at least annually, shall include in the comptroller's |
|
|
tax policy e-newsletter notification of the right of a mother to |
|
|
breast-feed and the prohibition against interference with or |
|
|
restriction of that right as provided in Section 165.002. |
|
|
(b) The comptroller shall make the notice required by |
|
|
Subsection (a) available at each taxpayer seminar offered by the |
|
|
comptroller. |
|
|
(c) The comptroller may also provide the notification |
|
|
required by this section with any other notice or document mailed |
|
|
to an entity described by this section. |
|
|
Sec. 165.102. Civil Cause of Action. (a) An interested |
|
|
person whose rights were violated under Section 165.002 may bring a |
|
|
civil action in the appropriate state court. |
|
|
(b) In any civil action alleging a violation of this |
|
|
chapter, a court may: |
|
|
(i) Afford injunctive relief against any person, |
|
|
entity, or public accommodation that commits or proposes to commit |
|
|
a violation of this chapter; and |
|
|
(ii) Award compensatory damages and reasonable |
|
|
attorney's fees and costs to a prevailing plaintiff. |
|
|
(c) In this section, "interested person" means a parent, |
|
|
foster parent, or other person related by blood or marriage to a |
|
|
child who was breast-feeding at the time the mother's rights were |
|
|
alleged to have been violated. |
|
|
SECTION 4. As soon as practicable after the effective date |
|
|
of this Act, but no later than September 1, 2013, the comptroller |
|
|
shall provide notification required by Section 165.101, Health and |
|
|
Safety Code, as added by this Act, to each business entity with |
|
|
which the comptroller communicates in existence on the effective |
|
|
date of the Act. |
|
|
SECTION 5. This Act takes effect September 1, 2013. |