Breastfeeding Laws in Texas (2026): Your Complete Rights Guide
Most people don’t realize just how protected breastfeeding mothers are in Texas. Seriously. The state has some solid laws on the books, both for nursing in public and pumping at work. Let’s break down exactly what you need to know.
Whether you’re a new mom heading back to work or just want to know your rights while out shopping, this guide has you covered. Stay with me here.
What Do Texas Breastfeeding Laws Cover?
Texas recognizes breastfeeding as the best method of infant nutrition. The state actually said that in the law back in 1995. Pretty progressive for the time, right?
The laws cover two main areas. First, your right to breastfeed anywhere in public. Second, your right to pump at work with proper breaks and privacy.
Both state and federal laws work together to protect nursing mothers. Sometimes they overlap. Sometimes one goes further than the other. We’ll sort it all out.
Breastfeeding in Public: Your Basic Rights
Here’s the deal. You can breastfeed your baby anywhere you’re legally allowed to be. That’s it. That simple.
This law has been on the books since 1995. In 2019, Texas made it even clearer by adding breast pumping to the law. So now both breastfeeding AND pumping are explicitly protected in public spaces.
What does “anywhere you’re allowed to be” actually mean? Restaurants. Stores. Parks. Libraries. Basically any public place where you have permission to be.
Can Someone Ask You to Stop or Move?
Nope. Not legally.
If an employee or manager asks you to stop breastfeeding or move to another location, they’re violating Texas law. You can politely let them know about the law. Some moms carry a wallet-sized card with the law printed on it.
Hold on, this part is important. Private property owners can still ask you to leave their property for other reasons. But they cannot specifically discriminate against you for breastfeeding. That’s a crucial difference.
What About “Indecent Exposure” Claims?
Some people get nervous about this one. Don’t be.
Breastfeeding is NOT indecent exposure under Texas law. It’s not disorderly conduct either. The law specifically recognizes breastfeeding as “an important and basic act of nurture that must be encouraged.”
You cannot be arrested for breastfeeding in public. Period.
Workplace Rights: Pumping at Work
This is where things get more detailed. And honestly, this is the part most people get wrong.
Texas has laws for public employees. Federal laws cover most other employees. Let’s break down both.
Federal Law: The PUMP Act (2023)
The PUMP for Nursing Mothers Act expanded protections starting December 29, 2022. It covers almost all employees now, not just hourly workers.
Here’s what your employer must provide. Reasonable break time to pump. A private space that’s NOT a bathroom. These protections last for one year after your baby is born.
The breaks don’t have to be paid. But if you’re already on a paid break and decide to pump, that time stays paid. Makes sense, right?
Your employer cannot force you to use sick time or vacation days for pumping breaks. They also can’t retaliate against you for using these rights. Firing, suspending, or discriminating against you for pumping? That’s illegal.
Texas State Law: Public Employees
If you work for a state, county, or city government in Texas, you have additional protections. Texas Government Code Chapter 619 requires all public employers to provide lactation support.
They must give you reasonable break time. They must provide a private place to pump (not a bathroom). And they absolutely cannot discriminate against you for using these rights.
Wondering if this applies to you? If your paycheck comes from a government entity in Texas, these protections cover you.
Small Employer Exemption
Here’s something you should know. Employers with fewer than 50 employees can claim “undue hardship” to avoid providing accommodations.
But they actually have to prove it’s a hardship. They can’t just say no. The hardship must be based on real factors like the company’s size, financial resources, or business structure.
Most employers don’t qualify for this exemption. It’s pretty narrow.
What Makes a Proper Pumping Space?
Not sure what counts as acceptable? Let me break it down.
The space must be private. That means free from intrusion by coworkers and the public. A bathroom doesn’t count, even if it’s single-occupancy.
Some Texas cities go beyond the basic requirements. Sunset Valley requires lactation spaces to have a locking door, electrical outlet, clean work surface, comfortable chair, and access to a sink. San Antonio provides similar standards for city employees.
Your employer doesn’t have to build you a fancy lactation room. But the space needs to be functional and actually private.
The Texas Mother-Friendly Worksite Program
Texas created this program back in 1995 to recognize employers who support breastfeeding. It’s voluntary. Totally.
Businesses that meet certain standards can get designated as “mother-friendly.” The requirements include flexible work schedules for pumping, private locations, access to clean water and a sink, and hygienic storage for breast milk.
Hundreds of Texas businesses have earned this designation. You can find the list on the Texas Department of State Health Services website.
Sound like your employer might qualify? Suggest they apply. It costs nothing and looks good for recruitment.
What Happens If Your Rights Are Violated?
Okay, pause. Read this carefully.
If your employer violates federal PUMP Act requirements, you can file a complaint with the U.S. Department of Labor. The federal penalty can be up to $1,000 per violation. And each time your pumping session gets impacted counts as a separate violation.
That can add up fast. Some moms pump 2-3 times per workday. Do the math.
For discrimination based on breastfeeding, you might also have a claim under federal civil rights laws. The Equal Employment Opportunity Commission says lactation discrimination is a form of sex discrimination.
Here’s where it gets tricky. Texas state law for public employees doesn’t allow you to sue your employer directly for violations. But you can still file complaints and may have other legal options.
Not Sure What to Do?
Contact the U.S. Department of Labor Wage and Hour Division at 1-866-4USWAGE (1-866-487-9243). They can help you understand your rights.
You can also reach out to organizations like A Better Balance at (833) 633-3222 or the Center for WorkLife Law at (415) 703-8276. These groups help nursing mothers navigate workplace issues.
Honestly, sometimes just letting your employer know you’re aware of the law is enough to fix the problem.
Special Situations to Know About
Let me hit a few specific scenarios people ask about all the time.
Students and Breastfeeding
Texas doesn’t have specific laws about breastfeeding accommodations for students. But some schools voluntarily provide lactation spaces. Federal Title IX protections might also apply in certain situations.
Check with your school’s student services or Title IX coordinator.
Childcare Centers
Texas regulations require licensed childcare centers to have a comfortable place for breastfeeding. Centers must inform all parents they have the right to breastfeed or provide breastmilk for their child while in care.
This is important if you’re doing drop-offs and want to nurse before leaving.
Jury Duty
You can request to be excused from jury duty if you’re breastfeeding a child. Texas law allows this deferral. Just let the court know your situation.
Health Insurance Coverage
Most health insurance plans must cover breastfeeding support and supplies at no cost. This includes breast pumps and lactation counseling. It’s required under federal law.
Check your specific plan to understand what’s covered. Some plans provide better pumps than others.
Tips for Exercising Your Rights
Here’s some practical advice from moms who’ve been there.
Know the law before you need it. Print out a copy of Texas Health and Safety Code Section 165.002 and keep it handy. Some moms keep it in their phone or purse.
If someone questions your right to breastfeed in public, stay calm. Politely inform them of the law. You don’t owe anyone an explanation, but sometimes education helps.
For workplace situations, put your requests in writing. Email your supervisor or HR asking for pumping breaks and space. This creates a paper trail if problems arise later.
Document everything. Keep records of when you requested accommodations, what was provided, and any issues that came up. This matters if you need to file a complaint.
Join local breastfeeding support groups. Other moms can share what worked (and what didn’t) with local employers and businesses. The Texas Breastfeeding Coalition is a great resource.
Recent Changes You Should Know
The PUMP Act that took effect in December 2022 was a game-changer. It extended protections to salaried and exempt employees who previously weren’t covered.
Before this, if you were a manager or professional employee, you might not have had any legal right to pump at work. Now you do.
There’s also the Pregnant Workers Fairness Act that passed in 2023. It requires employers to accommodate pregnancy-related conditions, including lactation. However, a federal court in Texas blocked enforcement of this law against Texas state agencies in 2024. Private employers in Texas still must comply.
Wait, it gets better. Some local governments in Texas have created even stronger protections. Always check if your city or county has additional ordinances.
How to Talk to Your Employer About Pumping
Not sure how to bring this up at work? Let’s talk about it.
Have the conversation before you return from maternity leave. Give your employer time to prepare a space and plan for your breaks. Most employers appreciate advance notice.
Be specific about what you need. How often you’ll need to pump (usually every 2-3 hours). How long each session takes (typically 15-30 minutes). What kind of space works for you.
Suggest solutions. If your employer seems unsure, offer ideas. Maybe there’s an unused office, a storage room that could work, or a conference room with a lock.
Put everything in writing. After your conversation, send a follow-up email summarizing what was discussed and agreed upon. This protects both you and your employer.
Most employers want to do the right thing. They just need clear guidance on what’s required and what would help you succeed.
Common Misconceptions (That Drive Moms Crazy)
You’re not alone, this confuses a lot of people. Let me clear up some myths.
Myth: You have to cover up while breastfeeding in public. Nope. Texas law doesn’t require any covering. You can breastfeed however you’re comfortable.
Myth: Restaurants can make you feed your baby in the bathroom. Absolutely not. You can breastfeed at your table, just like everyone else can eat at their table.
Myth: Pumping breaks at work must be paid. Not exactly. The breaks don’t have to be paid unless you’re pumping during an already-paid break or you’re not completely relieved from work duties.
Myth: Only moms with babies under 6 months have workplace protections. Wrong. Federal law protects you for up to one year after birth. Some state and local laws go even further.
Myth: Small businesses don’t have to follow these laws. Mostly false. The undue hardship exemption for small employers is very limited and hard to prove.
Resources and Support
Here’s where you can get help if you need it.
Texas Department of State Health Services runs the Mother-Friendly Worksite Program. Their website has tons of info and resources. Visit dshs.texas.gov.
The Texas Breastfeeding Coalition connects moms with local support. They advocate for breastfeeding-friendly policies across the state.
U.S. Department of Labor Wage and Hour Division handles PUMP Act complaints. Their Pump at Work website has fact sheets and guidance.
La Leche League has chapters throughout Texas. They provide breastfeeding support and can connect you with local moms who know your area.
Your health insurance likely covers lactation consultants. Use this benefit. They can help with breastfeeding challenges and workplace planning.
Frequently Asked Questions
Can I be fired for taking pumping breaks at work? No. Federal law prohibits retaliation, including firing, for exercising your right to pump at work. If this happens, contact the Department of Labor immediately.
What if my workplace doesn’t have a private room available? Your employer must make reasonable efforts to provide one. This might mean converting a storage area, installing a lock on an unused office, or creating a temporary space. A bathroom doesn’t count as meeting this requirement.
Do I need a doctor’s note to pump at work? No. You don’t need medical documentation to exercise your legal right to pump at work. Your employer cannot require this.
Can I breastfeed while serving on a jury? You can request to be excused or have your jury service postponed if you’re breastfeeding. Texas law allows deferrals for this reason.
What happens if someone calls the police on me for breastfeeding in public? Nothing should happen because you’re not breaking any law. Texas law explicitly allows breastfeeding in any public location. If this occurs, calmly explain the law to the responding officer.
Are there any places in Texas where I can’t breastfeed? You can breastfeed anywhere you’re legally allowed to be. The only limit is you must have permission to be in that location in the first place. If you’re trespassing, obviously that’s different.
How long are employers required to provide pumping accommodations? Federal law requires accommodations for up to one year after your baby’s birth. Some state and local laws extend this timeframe further.
What if my employer says providing a pumping space would be too expensive? Employers can only claim undue hardship if they can prove significant difficulty or expense relative to their business size and resources. Most employers cannot meet this high bar. Contact the Department of Labor if your employer denies your request.
Final Thoughts
Now you know the basics. Texas law protects your right to feed your baby, whether you’re at the mall or at work.
The laws aren’t perfect. There are gaps. But they’re much better than they used to be, and they continue to improve.
If your rights are violated, speak up. File complaints. Get legal help if needed. These laws only work when people use them.
And hey, you’re doing something amazing by choosing to breastfeed. The law recognizes that. Don’t let anyone make you feel otherwise.
Stay informed, know your rights, and feed your baby however and wherever works for you.
References
- Texas Health and Safety Code Chapter 165 – Breast-Feeding (https://statutes.capitol.texas.gov/Docs/HS/htm/HS.165.htm)
- Texas Government Code Chapter 619 – Public Employer Lactation Support (https://statutes.capitol.texas.gov/)
- Texas Department of State Health Services – Worksite Lactation Laws (https://www.dshs.texas.gov/maternal-child-health/programs-activities-maternal-child-health/texas-mother-friendly-worksite/lactation-laws)
- U.S. Department of Labor – PUMP for Nursing Mothers Act (https://www.dol.gov/agencies/whd/pump-at-work)
- House Bill 541 – Breast Pumping in Public (2019) (https://capitol.texas.gov/)