HB1127 - Relating to the promotion of breast-feeding and the prohibition against interference with or restriction of the right to breast-feed.

  89R3074 MCF-F     By: Gámez, Guerra, Garcia of Dallas H.B. No. 1127       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   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 OR EXPRESS BREAST MILK   AND PROHIBITED INTERFERENCE WITH OR RESTRICTION OF THAT RIGHT .   (a)      A mother is entitled to breast-feed her baby or express breast milk   in any location in which the mother's and child's  presence on the   premises  is otherwise authorized. The authorization 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 in   accordance with 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 another electronic notification,   information on a mother's right 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 available the notice   required by Subsection (a) at each taxpayer seminar the office of   the comptroller offers.           (c)     The comptroller may provide the notification required   by this section with any other notice or document the comptroller   mails to a person.           Sec.   165.102.     CIVIL CAUSE OF ACTION. (a) A mother may   bring a civil action against a person who allegedly violates   Section 165.002.           (b)     A mother who prevails in an action brought under this   section is entitled to obtain:                 (1)  injunctive relief;                 (2)     damages in an amount not to exceed $500 for each   day the violation occurs; 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 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 alleging a violation.   A mother may recover only one award   for damages for each day a violation of Section 165.002 occurs,   regardless of the number of persons who violate that section.           (d)     The sovereign immunity of this state and governmental   immunity of a political subdivision to suit and from liability is   waived to the extent of liability created by this 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 September 1, 2025.