CHAPTER 165. BREAST-FEEDING - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE H. PUBLIC HEALTH PROVISIONS

CHAPTER 165. BREAST-FEEDING

SUBCHAPTER A. BREAST-FEEDING RIGHTS AND POLICIES

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.

Added by Acts 1995, 74th Leg., ch. 600, Sec. 1, eff. Aug. 28,

1995.

Sec. 165.002. RIGHT TO BREAST-FEED. A mother is entitled to

breast-feed her baby in any location in which the mother is

authorized to be.

Added by Acts 1995, 74th Leg., ch. 600, Sec. 1, eff. Aug. 28,

1995.

Sec. 165.003. BUSINESS DESIGNATION AS "MOTHER-FRIENDLY". (a) A

business may use the designation "mother-friendly" in its

promotional materials if the business develops a policy

supporting the practice of worksite breast-feeding that addresses

the following:

(1) work schedule flexibility, including scheduling breaks and

work patterns to provide time for expression of milk;

(2) the provision of accessible locations allowing privacy;

(3) access nearby to a clean, safe water source and a sink for

washing hands and rinsing out any needed breast-pumping

equipment; and

(4) access to hygienic storage alternatives in the workplace for

the mother's breast milk.

(b) The business shall submit its breast-feeding policy to the

department. The department shall maintain a list of

"mother-friendly" businesses covered under this section and shall

make the list available for public inspection.

Added by Acts 1995, 74th Leg., ch. 600, Sec. 1, eff. Aug. 28,

1995.

Sec. 165.004. SERVICES PROVIDED BY STATE AGENCIES. Any state

agency that administers a program providing maternal or child

health services shall provide information that encourages

breast-feeding to program participants who are pregnant women or

mothers with infants.

Added by Acts 1995, 74th Leg., ch. 600, Sec. 1, eff. Aug. 28,

1995.

SUBCHAPTER B. DEMONSTRATION PROJECT

Sec. 165.031. LEGISLATIVE RECOGNITION. The legislature

recognizes a mother's responsibility to both her job and her

child when she returns to work and acknowledges that a woman's

choice to breast-feed benefits the family, the employer, and

society.

Added by Acts 1995, 74th Leg., ch. 600, Sec. 1, eff. Aug. 28,

1995.

Sec. 165.032. DEMONSTRATION PROJECT. (a) The department shall

establish a demonstration project in Travis County to provide

access to worksite breast-feeding for department employees who

are mothers with infants.

(b) The department shall administer the demonstration project

and shall determine the benefits of, potential barriers to, and

potential costs of implementing worksite breast-feeding support

policies for state employees.

Added by Acts 1995, 74th Leg., ch. 600, Sec. 1, eff. Aug. 28,

1995.

Sec. 165.033. BREAST-FEEDING POLICY. The department shall

develop recommendations supporting the practice of worksite

breast-feeding that address the following:

(1) work schedule flexibility, including scheduling breaks and

work patterns to provide time for expression of milk;

(2) the provision of accessible locations allowing privacy;

(3) access nearby to a clean, safe water source and a sink for

washing hands and rinsing out any needed breast-pumping

equipment; and

(4) access to hygienic storage alternatives in the workplace for

the mother's breast milk.

Added by Acts 1995, 74th Leg., ch. 600, Sec. 1, eff. Aug. 28,

1995.

Sec. 165.034. REPORT TO GOVERNOR AND LEGISLATURE. The

department, if requested by the governor or any member of the

legislature, shall submit a report on the demonstration project

to the governor or that member of the legislature not later than

February 1, 1997. The report must include:

(1) a description of the policies developed;

(2) a description of the implementation of the policies in

Travis County and any problems encountered;

(3) the extent of use of any breast-feeding or breast-pumping

facilities by department employees;

(4) a survey to assess the level of satisfaction with the

breast-feeding or breast-pumping facilities and the policies by

users and their supervisors;

(5) the costs and benefits associated with the demonstration

project;

(6) a summary of issues raised by employees; and

(7) a recommendation of any changes necessary for statewide

implementation and strategies for implementing the policies in

other state agencies.

Added by Acts 1995, 74th Leg., ch. 600, Sec. 1, eff. Aug. 28,

1995.