The text of the Texas public breastfeeding law is at: 
http://llli.org/Law/Bills36.html .  The relevant language is:
"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."

This language is similar to the language in many other states and is 
consistently ignored (particularly in Texas) for two reasons: (1) business 
have asserted the authority to withdraw authorization to be in the space so 
the law no longer applies and (2) there is no way to enforce the law and no 
penalty for violating it.  During the Ronald McDonald House incident, the 
Texas state Attorney General refused to become involved in enforcement of 
the law and I believe there was an earlier Texas case in which some state 
authority supported the theory that the property owner's right to withdraw 
authorization overrode the breastfeeding right.

Morgan, this isn't a loophole or anything peculiar to Texas.  Most U.S. 
state laws without enforcement provisions (meaning most of them) work this 
way.

In the case Pamela presents, there is the additional ripple that houses of 
worship are not always considered public accommodations or public space. 
That is dependent on state law.

My Mothering article which can be found at 
http://www.mothering.com/articles/new_baby/breastfeeding/lactation-law.html 
contains a discussion of U.S. state law enforcement provisions.

Hope that helps.

Jake Marcus, J.D.


> Date:    Fri, 14 Mar 2008 18:37:03 +0000
> From:    Pamela Morrison <[log in to unmask]>
> Subject: Texas law on breastfeeding in public?
>
> Hi everyone
>
> At WABA we've received a request for information=20
> from a mother living in Conroe and attending a=20
> mom and baby group held on church premises.  It=20
> appears that an email is sent to new members,=20
> saying that nursing mothers need to be discreet=20
> and covered, and that if needed a receiving=20
> blanket could be provided.  At the first meeting,=20
> one mother felt it necessary to remove herself=20
> from the group and sit alone on the other side of the room to nurse her=
> baby.
>
> A google search turned up some good information=20
> at=20
> http://www.ncsl.org/programs/health/breast50.htm=20
> confirming that thirty-nine states, including=20
> Texas, have laws with language specifically=20
> allowing women to breastfeed in any public or=20
> private location.   The site advises that Tex.=20
> Health Code Ann. =A7 165.001, et seq. (1995)=20
> authorizes a woman to breastfeed her child in any=20
> location and provides for the use of a=20
> "mother-friendly" designation for employers who=20
> have policies supporting work site breastfeeding.=20
> (HB 340, HB 359).  Unfortunately it looks as if=20
> the existing link has been updated, and I'm lost!
>
> Can anyone point me in the right direction to=20
> find the actual text of the bill/statute?    Any=20
> further info/thoughts about advocacy for this=20
> mom, eg organizations closer to home, who could=20
> help her advocate for breastfeeding with this=20
> group would also be much appreciated.
>
> Pamela Morrison IBCLC
> Co-coordinator, WABA BF & HIV Task Force=20
>
>             ***********************************************

             ***********************************************

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