Texas

In Texas, mothers have the right to breastfeed in any public location, as long as they are legally allowed to be there. While Texas does have workplace lactation accommodation legislation, it’s equal to the federal FLSA’s PUMP Act—which provides workplace lactation accommodation protections for all breastfeeding employees.

We’ve awarded Texas one drop on our scale.

TX Breastfeeding Laws: In Public

In 1995 Texas passed a law allowing women the right to breastfeed anywhere in the state. Read the law here: Tex. Health Code Ann. § 165.002 (1995).

In 2019, Texas passed House Bill 541 that explicitly allows mothers to breast pump in public. Read the law: HB 541

TX Breastfeeding Laws: At Work

All breastfeeding employees are protected by the federal FLSA’s PUMP for Nursing Mothers Act and entitled to reasonable break time and a private space (other than a bathroom) to pump at work for one year. In addition, Texas law requires public employers to provide lactation accommodations to public employees and requires the Texas Department of Health to provide recommendations that support workplace breastfeeding rights. Texas also maintains a record of businesses that have been designated “mother-friendly” (have a lactation policy, allow for flexibility, a private place to pump). Read the laws: HB 786, HB 77

TX Breastfeeding-Positive Municipalities

Sunset Valley Breastfeeding Laws

The City of Sunset Valley Mother Friendly Workplace Policy, like the FLSA, requires the city to provide breastfeeding city employees with a private space (other than a bathroom) to pump. Sunset Valley’s policy goes beyond federal requirements, however, by defining quality standards for the lactation space: a locking door, an electrical outlet, a clean work surface, a comfortable chair, and access to a sink. Read the law: Ordinance, Section 9.15

San Antonio Breastfeeding Laws

San Antonio is the second largest city in Texas and the home of the Alamo. Their workplace policy applies to all breastfeeding public employees—from part-time interns to full-time employees—and mandates that accessible, adequate, and private facilities (other than a bathroom) be available to pump at work. The city also provides hospital grade pumps to borrow in city lactation rooms and office spaces. Read the law: Administrative Workplace Directive 4.15

TX Breastfeeding Information + Resources

The Texas Breastfeeding Coalition’s mission is to improve the health of Texans “by working collaboratively to protect, support, and promote breastfeeding.” Visit here.

Visit the U.S. Breastfeeding Committee for a full list of state breastfeeding coalitions.

Breastfeeding Law Rating Key

One drop: There is no state-level workplace lactation legislation beyond the PUMP Act.

Two drops: State law exceeds the PUMP Act in one of the following ways: 1) Lower threshold for employer exemption; 2) Workplace protections beyond one year; 3) Requirements for lactation spaces (e.g. electrical outlets); 4) Protections for specific populations other than employees (e.g. students).

Three drops: State law exceeds the PUMP Act in at least two of the following ways: 1) Lower threshold for employer exemption; 2) workplace protections beyond one year; 3) requirements for lactation spaces (e.g. electrical outlets); 4) protections for specific populations other than employees (e.g. students).

Disclaimer: Please consult a professional for legal advice. Our information on breastfeeding laws is not a substitute for legal counsel.