Bill Text: TX HB146 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the promotion of breast-feeding and the prohibition against interference with or restriction of the right to breast-feed; creating a civil action.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-20 - Referred to Business & Industry [HB146 Detail]
Download: Texas-2017-HB146-Introduced.html
| 85S10379 DMS-F | ||
| By: Farrar | H.B. No. 146 | |
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| relating to the promotion of breast-feeding and the prohibition | ||
| against interference with or restriction of the right to | ||
| breast-feed; creating a civil action. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 165.001 and 165.002, Health and Safety | ||
| Code, 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 for all persons to be informed of the rights | ||
| of a breast-feeding mother and child and to 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 | ||
| and the child are otherwise [ |
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| The authorization for the mother and child to be on the premises may | ||
| not be revoked solely because the mother is breast-feeding the | ||
| child. | ||
| (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 OF RIGHT AND CIVIL 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 or otherwise electronically provide | ||
| notification of a mother's right to breast-feed and of the | ||
| prohibition against interference with or restriction of that right | ||
| as provided by Section 165.002. | ||
| (b) The comptroller shall make the notice required by | ||
| Subsection (a) available at each taxpayer seminar offered by the | ||
| office of the comptroller. | ||
| (c) The comptroller may also provide the notification | ||
| required by this section with any other notice or document mailed to | ||
| a person with whom the comptroller communicates. | ||
| Sec. 165.102. CIVIL CAUSE OF ACTION. (a) A mother may | ||
| bring a civil action against a person who is alleged to have | ||
| violated the mother's right to breast-feed a child under Section | ||
| 165.002. | ||
| (b) A mother who prevails in an action under this section is | ||
| entitled to obtain: | ||
| (1) injunctive relief; | ||
| (2) damages in an amount not to exceed $500 for each | ||
| day a violation of Section 165.002 occurred; and | ||
| (3) reasonable attorney's fees and court costs. | ||
| (c) Notwithstanding any other law, a person liable for | ||
| damages under Subsection (b)(2) is liable for only one damages | ||
| award of $500 for each day a violation of Section 165.002 occurs, | ||
| and for all violations of Section 165.002 the person commits on that | ||
| day, regardless of the number of violations alleged or the number of | ||
| mothers claiming a violation has occurred. A mother may recover | ||
| only one damages award for each day a violation of Section 165.002 | ||
| occurs, regardless of the number of persons who violate that | ||
| section. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
