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.
Spectrum: Bipartisan Bill
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 |
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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. | ||
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 |
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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. |