2005 Texas Health & Safety Code CHAPTER 165. BREAST-FEEDING

HEALTH & SAFETY CODE

CHAPTER 165. BREAST-FEEDING

SUBCHAPTER A. BREAST-FEEDING RIGHTS AND POLICIES


	§ 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, § 1, eff. Aug. 28, 1995.           


	§ 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, § 1, eff. Aug. 28, 1995.           


	§ 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, § 1, eff. Aug. 28, 1995.           


	§ 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, § 1, eff. Aug. 28, 1995.           

SUBCHAPTER B. DEMONSTRATION PROJECT


	§ 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, § 1, eff. Aug. 28, 1995.           


	§ 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, § 1, eff. Aug. 28, 1995.           


	§ 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, § 1, eff. Aug. 28, 1995.           


	§ 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, § 1, eff. Aug. 28, 1995.