Texas 2017 - 85th Regular

Texas House Bill HB2490 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R7285 KKR-D
2	2	By: Minjarez, et al. H.B. No. 2490
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of cats and dogs previously used for
8	8	research.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 10, Health and Safety Code, is amended by
11	11	adding Chapter 830 to read as follows:
12	12	CHAPTER 830. ADOPTION OF RETIRED RESEARCH ANIMALS
13	13	Sec. 830.001. DEFINITIONS. In this chapter:
14	14	(1) "Animal rescue organization" means a nonprofit
15	15	charitable organization established primarily to rescue animals
16	16	and offer the animals for adoption.
17	17	(2) "Animal shelter" means a facility operated by a
18	18	nonprofit charitable organization established primarily to shelter
19	19	and care for stray or abandoned animals and offer those animals for
20	20	adoption.
21	21	(3) "Executive commissioner" means the executive
22	22	commissioner of the Health and Human Services Commission.
23	23	(4) "Research facility" means a facility as defined by
24	24	Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), that is
25	25	licensed by the secretary of agriculture of the United States under
26	26	that Act and that conducts experiments on dogs or cats for
27	27	education, research, science, or testing purposes.
28	28	(5) "Retired animal" means a cat or dog that a research
29	29	facility used in experiments conducted for education, research,
30	30	science, or testing purposes and no longer needs for those
31	31	purposes.
32	32	Sec. 830.002. APPLICABILITY. This chapter applies only to
33	33	a retired research animal that does not have a substantial medical
34	34	condition that prevents the animal from successfully integrating
35	35	into an adoptive home.
36	36	Sec. 830.003. ADOPTION OF RETIRED ANIMALS. (a) A research
37	37	facility, or its authorized employee or an authorized student of an
38	38	institution of higher education associated with the facility, shall
39	39	offer on its retirement a retired animal for adoption:
40	40	(1) through an animal rescue organization or animal
41	41	shelter; or
42	42	(2) by an individual through an arrangement between
43	43	the facility and individual.
44	44	(b) Before offering any retired animal to an animal rescue
45	45	organization or animal shelter, a research facility must enter into
46	46	a written agreement with the organization or shelter addressing the
47	47	transfer of the facility's retired animals to the organization or
48	48	shelter.
49	49	Sec. 830.004. IMMUNITY FROM CIVIL LIABILITY. A research
50	50	facility that in good faith and in compliance with this chapter
51	51	provides a research animal to an animal rescue organization, animal
52	52	shelter, or individual is immune from civil liability with respect
53	53	to a claim that is based on:
54	54	(1) the facility's transfer of a retired animal to the
55	55	organization, shelter, or individual under this chapter; or
56	56	(2) the adoption of a retired animal by an individual
57	57	through the organization or shelter.
58	58	Sec. 830.005. RULES. The executive commissioner may adopt
59	59	rules necessary to implement this chapter.
60	60	SECTION 2. This Act takes effect September 1, 2017.