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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; creating a civil action. |
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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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and the child are otherwise [is] authorized to be on the premises. |
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A mother's authority to be on the premises may not be revoked for |
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the sole reason 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 OF RIGHT 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 or otherwise electronically provide |
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notification of the right of a mother to breast-feed and the |
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prohibition against interference with or restriction of that right |
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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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a person with whom the comptroller communicates. |
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Sec. 165.102. CIVIL CAUSE OF ACTION. (a) A mother may |
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bring a civil action against a person who is alleged to have |
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violated the mother's right to breast-feed a child under Section |
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165.002. |
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(b) A mother who prevails in an action under this section is |
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entitled to obtain: |
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(1) injunctive relief; |
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(2) damages of up to $500 for each day a violation of |
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Section 165.002 occurred; and |
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(3) reasonable attorney's fees and court costs. |
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(c) Notwithstanding any other law, a person liable for |
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damages under Subsection (b)(2) is liable for only one damages |
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award of $500 for each day a violation of Section 165.002 occurs, |
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and for all violations of Section 165.002 that the person commits on |
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that day, regardless of the number of violations alleged or the |
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number of mothers claiming that a violation has occurred. A mother |
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may recover only one damages award for each day a violation of |
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Section 165.002 occurs, regardless of the number of persons who |
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violate that section. |
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SECTION 4. This Act takes effect September 1, 2017. |