Bill Text: TX HB1706 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the promotion of breast-feeding and the prohibition against interference with or restriction of the right to breast-feed.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB1706 Detail]
Download: Texas-2013-HB1706-Introduced.html
Bill Title: Relating to the promotion of breast-feeding and the prohibition against interference with or restriction of the right to breast-feed.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB1706 Detail]
Download: Texas-2013-HB1706-Introduced.html
By: Farrar | H.B. No. 1706 |
|
||
|
||
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. |