Texas 2019 - 86th Regular

Texas House Bill HB146 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R184 KKR-D
2	2	By: Minjarez H.B. No. 146
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 CERTAIN 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 find adoptive homes for the animals.
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, homeless, abandoned, or unwanted animals and
20	20	find adoptive homes for those animals.
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 or registered with the United States Department of
26	26	Agriculture under that Act to conduct experiments on dogs or cats
27	27	for education, research, science, or testing purposes.
28	28	(5) "Retired animal" means a cat or dog previously
29	29	used by a research facility in experiments conducted for education,
30	30	research, science, or testing purposes that is no longer needed for
31	31	those purposes.
32	32	Sec. 830.002. LIMITATION. This chapter does not apply to a
33	33	retired animal with a substantial medical condition that prevents
34	34	the animal from successfully integrating into an adoptive home.
35	35	Sec. 830.003. ADOPTION OF RETIRED ANIMALS. (a) A research
36	36	facility, or its authorized employee or an authorized student of an
37	37	institution of higher education associated with the facility, on
38	38	retirement of a retired animal shall offer the animal for adoption:
39	39	(1) through an animal rescue organization or animal
40	40	shelter; or
41	41	(2) by an individual through an arrangement between
42	42	the facility and individual.
43	43	(b) A research facility may not offer any retired animal to
44	44	an animal rescue organization or animal shelter unless the facility
45	45	has a written agreement with the organization or shelter addressing
46	46	the transfer of the facility's retired animals to the organization
47	47	or shelter.
48	48	Sec. 830.004. IMMUNITY FROM CIVIL LIABILITY. A research
49	49	facility that in good faith and in compliance with this chapter and
50	50	rules adopted under this chapter provides a research animal to an
51	51	animal rescue organization, animal shelter, or individual is immune
52	52	from civil liability with respect to a claim that is based on:
53	53	(1) the facility's transfer of a retired animal to the
54	54	organization, shelter, or individual under this chapter; or
55	55	(2) the adoption of a retired animal by an individual
56	56	through the organization or shelter.
57	57	Sec. 830.005. RULES. The executive commissioner may adopt
58	58	rules necessary to implement this chapter.
59	59	SECTION 2. This Act takes effect September 1, 2019.