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 OR EXPRESS BREAST MILK.  A mother is entitled to breast-feed her baby or express breast milk in any location in which the mother's presence is otherwise authorized.
Added by Acts 1995, 74th Leg., ch. 600, Sec. 1, eff. Aug. 28, 1995.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 731 (H.B. 541), Sec. 1, eff. September 1, 2019.

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.