By: Farrar H.B. No. 1706
  relating to the promotion of breast-feeding and the prohibition
  against interference with or restriction of the right to
  breast-feed; providing a private cause of action for denial of this
         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
  is otherwise authorized to be. A mother's authority to be in a
  location may not be revoked for the sole reason that she begins to
         (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:
  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 Private 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 in Section 165.002.
         (b)  The comptroller shall make the notice required by
  Subsection (a) available at each taxpayer seminar offered by the
         (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) An interested
  person whose rights were violated under Section 165.002 may bring a
  civil action in the appropriate state court.
         (b)  In any civil action alleging a violation of this
  chapter, a court may:
               (i)  Afford injunctive relief against any person,
  entity, or public accommodation that commits or proposes to commit
  a violation of this chapter; and
               (ii)  Award compensatory damages and reasonable
  attorney's fees and costs to a prevailing plaintiff.
         (c)  In this section, "interested person" means a parent,
  foster parent, or other person related by blood or marriage to a
  child who was breast-feeding at the time the mother's rights were
  alleged to have been violated.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, but no later than September 1, 2013, the comptroller
  shall provide notification required by Section 165.101, Health and
  Safety Code, as added by this Act, to each business entity with
  which the comptroller communicates in existence on the effective
  date of the Act.
         SECTION 5.  This Act takes effect September 1, 2013.