Beast feeding law in Texas

Here is the actual wording of Texas law governing breastfeeding:

Tex. Health & Safety Code § 165.001 et seq.

1995 Tex. ALS 600; 1995 Tex. Gen. Laws 600; 1995 Tex. Ch 600; 1995 Tex. HB 359

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.


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.

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.

Section 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.

Subchapter B. Demonstration Project.

Section 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.

Section 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.

Section 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.

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