Bill Text: TX HB742 | 2017-2018 | 85th 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; creating a civil action.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-04-24 - Committee report sent to Calendars [HB742 Detail]
Download: Texas-2017-HB742-Comm_Sub.html
85R4493 DMS-F | ||
By: Farrar, Collier, Allen | H.B. No. 742 |
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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 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 are otherwise [ |
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A mother's authority to be on the premises 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 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 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 | ||
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 of up to $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 that the person commits on | ||
that day, regardless of the number of violations alleged or the | ||
number of mothers claiming that 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 September 1, 2017. |