86R184 KKR-D
By: Minjarez H.B. No. 146
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 CERTAIN 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 find adoptive homes for the animals.
(2) "Animal shelter" means a facility operated by a
nonprofit charitable organization established primarily to shelter
and care for stray, homeless, abandoned, or unwanted animals and
find adoptive homes for those animals.
(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 or registered with the United States Department of
Agriculture under that Act to conduct experiments on dogs or cats
for education, research, science, or testing purposes.
(5) "Retired animal" means a cat or dog previously
used by a research facility in experiments conducted for education,
research, science, or testing purposes that is no longer needed for
those purposes.
Sec. 830.002. LIMITATION. This chapter does not apply to a
retired animal with 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, on
retirement of a retired animal shall offer the 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) A research facility may not offer any retired animal to
an animal rescue organization or animal shelter unless the facility
has 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 and
rules adopted under 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, 2019.