Gámez Bill Lets Mothers Sue For $500 A Day Over Breast-Feeding

The text as introduced · 635 words

90R3341 JDB-F

By: Gámez
H.B. No. 631

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, 2027.