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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 for all persons to be informed of the rights |
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of a breast-feeding mother and child and to be prohibited from |
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interfering with those rights. |
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Sec. 165.002. RIGHT TO BREAST-FEED OR EXPRESS BREAST MILK. |
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(a) A mother is entitled to breast-feed her baby or express breast |
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milk in any location in which the mother's and child's presence on |
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the premises is otherwise authorized. The authorization may not be |
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revoked solely because the mother is breast-feeding the child. |
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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 in |
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accordance with 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 another electronic notification, |
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information on a mother's right to breast-feed and the prohibition |
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against interference with or restriction of that right as provided |
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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 provide the notification required |
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by this section with any other notice or document mailed to a person |
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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 allegedly violates the |
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mother's right to breast-feed a child under Section 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 in an amount not to exceed $500 for each |
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day the violation occurs; 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 award of $500 |
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for each day a violation of Section 165.002 occurs, and for all |
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violations of Section 165.002 the person commits on that day, |
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regardless of the number of violations alleged or the number of |
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mothers alleging a violation. A mother may recover only one award |
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for damages for each day a violation of Section 165.002 occurs, |
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regardless of the number of persons who violate that section. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |