85R4493 DMS-F     By: Farrar, Collier, Allen H.B. No. 742       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; 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 [is] authorized to be on the premises.     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.