85R7285 KKR-D
By: Minjarez, et al. H.B. No. 2490
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of cats and dogs previously used for
research.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Health and Safety Code, is amended by
adding Chapter 830 to read as follows:
CHAPTER 830. ADOPTION OF RETIRED RESEARCH ANIMALS
Sec. 830.001. DEFINITIONS. In this chapter:
(1) "Animal rescue organization" means a nonprofit
charitable organization established primarily to rescue animals
and offer the animals for adoption.
(2) "Animal shelter" means a facility operated by a
nonprofit charitable organization established primarily to shelter
and care for stray or abandoned animals and offer those animals for
adoption.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "Research facility" means a facility as defined by
Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), that is
licensed by the secretary of agriculture of the United States under
that Act and that conducts experiments on dogs or cats for
education, research, science, or testing purposes.
(5) "Retired animal" means a cat or dog that a research
facility used in experiments conducted for education, research,
science, or testing purposes and no longer needs for those
purposes.
Sec. 830.002. APPLICABILITY. This chapter applies only to
a retired research animal that does not have a substantial medical
condition that prevents the animal from successfully integrating
into an adoptive home.
Sec. 830.003. ADOPTION OF RETIRED ANIMALS. (a) A research
facility, or its authorized employee or an authorized student of an
institution of higher education associated with the facility, shall
offer on its retirement a retired animal for adoption:
(1) through an animal rescue organization or animal
shelter; or
(2) by an individual through an arrangement between
the facility and individual.
(b) Before offering any retired animal to an animal rescue
organization or animal shelter, a research facility must enter into
a written agreement with the organization or shelter addressing the
transfer of the facility's retired animals to the organization or
shelter.
Sec. 830.004. IMMUNITY FROM CIVIL LIABILITY. A research
facility that in good faith and in compliance with this chapter
provides a research animal to an animal rescue organization, animal
shelter, or individual is immune from civil liability with respect
to a claim that is based on:
(1) the facility's transfer of a retired animal to the
organization, shelter, or individual under this chapter; or
(2) the adoption of a retired animal by an individual
through the organization or shelter.
Sec. 830.005. RULES. The executive commissioner may adopt
rules necessary to implement this chapter.
SECTION 2. This Act takes effect September 1, 2017.