Bill Text: TX HB1706 | 2013-2014 | 83rd Legislature | Comm Sub


Bill Title: Relating to the promotion of breast-feeding and the prohibition against interference with or restriction of the right to breast-feed.

Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB1706 Detail]

Download: Texas-2013-HB1706-Comm_Sub.html
 
 
  By: Farrar H.B. No. 1706
 
  Substitute the following for H.B. No. 1706:
 
  By:  Bohac C.S.H.B. No. 1706
 
 
 
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.
         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
  and the child is are 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 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 notification of the right of a mother to
  breast-feed and 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
  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)  In Section
  165.102, "interested person" means a mother who was breast-feeding
  at the time the mother's rights were alleged to have been violated.
         (b)  In Section 165.102, "entity" refers to a single
  geographic address.  If an entity has more than one geographic
  address each separate geographic address is a different entity for
  purposes of this section.
         (c)  An interested person may bring a civil action against a
  person alleged to have violated Section 165.002.
         (d)  A person who brings an action under this section may
  obtain:
               (1)  Injunctive relief against any person, or entity
  that commits a violation of this chapter;
               (2)  An award for a civil penalty of $500 to a
  prevailing plaintiff; and
               (3)  An award for reasonable and necessary attorney
  fees incurred by that party in the action.
         (e)  Notwithstanding any other provisions of this section,
  or of law, a person or entity that violates this chapter is liable
  for only one civil penalty of $500 for each day a violation of this
  chapter occurs, and for all violations of this chapter committed by
  that person or entity on that day, regardless of the number of
  violations alleged or the number of interested persons claiming
  that a violation has occurred.  An interested person can recover
  only one civil penalty for each day a violation of this chapter
  occurs, regardless of the number of persons who allegedly commit
  the violation.
         (f)  A judgment rendered in a civil action brought under this
  section must award to the prevailing party reasonable and necessary
  attorney fees incurred by that party in the action.
         SECTION 4.  This Act takes effect September 1, 2013.
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