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A BILL TO BE ENTITLED
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AN ACT
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relating to the promotion of breast-feeding and the prohibition |
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against interference with or restriction of the right to |
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breast-feed; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 165.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 165.002. RIGHT TO BREAST-FEED. (a) A mother is |
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entitled to breast-feed her baby in any location in which the mother |
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is otherwise authorized to be. A mother's authority to be in a |
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location may not be revoked for the sole reason that she begins to |
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breast-feed. |
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(b) A person may not interfere with or restrict the right of |
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a mother to breast-feed in accordance with this section: |
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(1) in any place held open to the general public; or |
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(2) in any place owned or operated by an entity: |
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(A) from which the comptroller collects taxes; or |
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(B) which holds a license or permit issued by the |
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comptroller. |
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SECTION 2. Chapter 165, Health and Safety Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. NOTIFICATION AND PENALTY |
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Sec. 165.101. NOTIFICATION BY COMPTROLLER. The comptroller |
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at least one time shall notify each business entity described by |
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Section 165.002(b)(2) of the right of a mother to breast-feed and |
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the prohibition against interference with or restriction of that |
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right as provided by Section 165.002. The comptroller may combine |
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the notification required by this section with any other notice or |
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document mailed to an entity described by this section. |
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Sec. 165.102. CIVIL PENALTY. (a) The district or county |
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attorney for the county in which a violation of Section 165.002 is |
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alleged to have occurred may issue a letter to the person alleged to |
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have violated that section. The letter must advise the person of |
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the requirements of Section 165.002 and state that the person may be |
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liable for a civil penalty under this section for a subsequent |
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violation. |
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(b) A person who violates Section 165.002 after receiving a |
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warning letter under Subsection (a) is liable to the state for a |
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civil penalty of $250 for each violation that occurs after the |
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letter is received. |
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(c) The district or county attorney for the county in which |
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a violation of this section is alleged to have occurred, or the |
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attorney general, if requested by the district or county attorney |
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for that county, may file suit for the collection of the penalty. |
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(d) A civil penalty recovered under this section shall be |
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deposited: |
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(1) in the state treasury if the attorney general |
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brings the suit; or |
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(2) in the general fund of the county in which the |
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violation occurred if a district or county attorney brings the |
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suit. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, but not later than September 1, 2008, the comptroller |
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shall provide the notification required by Section 165.101, Health |
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and Safety Code, as added by this Act, to each business entity |
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described by Section 165.002(b)(2), Health and Safety Code, as |
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added by this Act, in existence on the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2007. |