Texas 2021 - 87th Regular

Texas House Bill HB121 Compare Versions

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

Old	New	Differences
1	1	87R1522 KKR-D
2	2	By: Minjarez H.B. No. 121
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. This Act shall be known as the Research Animal
11	11	Retirement Act.
12	12	SECTION 2. Title 10, Health and Safety Code, is amended by
13	13	adding Chapter 830 to read as follows:
14	14	CHAPTER 830. ADOPTION OF CERTAIN RETIRED RESEARCH ANIMALS
15	15	Sec. 830.0001. DEFINITIONS. In this chapter:
16	16	(1) "Animal rehoming organization" means a nonprofit
17	17	charitable organization established primarily to find adoptive
18	18	homes for animals.
19	19	(2) "Animal shelter" means a facility operated by a
20	20	nonprofit charitable organization established primarily to shelter
21	21	and care for stray, homeless, abandoned, or unwanted animals and
22	22	find adoptive homes for those animals.
23	23	(3) "Executive commissioner" means the executive
24	24	commissioner of the Health and Human Services Commission.
25	25	(4) "Research facility" means a research facility as
26	26	defined by the Animal Welfare Act (7 U.S.C. Section 2132(e)) that is
27	27	licensed by or registered with the United States Department of
28	28	Agriculture under that Act to conduct experiments on dogs or cats
29	29	for education, research, science, or testing purposes.
30	30	(5) "Retired animal" means a dog or cat previously
31	31	used by a research facility in experiments conducted for education,
32	32	research, science, or testing purposes that is no longer needed for
33	33	those purposes.
34	34	Sec. 830.0002. LIMITATION. This chapter does not apply to a
35	35	retired animal identified by a research facility's attending
36	36	veterinarian as:
37	37	(1) not suitable for rehoming; or
38	38	(2) having a substantial medical condition that
39	39	prevents the animal from successfully integrating into an adoptive
40	40	home.
41	41	Sec. 830.0003. ADOPTION OF RETIRED ANIMALS. (a) A research
42	42	facility, or its authorized employee or an authorized student of an
43	43	institution of higher education associated with the facility, on
44	44	retirement of a retired animal shall offer the animal for adoption:
45	45	(1) through an animal rehoming organization or animal
46	46	shelter; or
47	47	(2) by an individual through an arrangement between
48	48	the facility and individual.
49	49	(b) A research facility may not offer any retired animal to
50	50	an animal rehoming organization or animal shelter unless the
51	51	facility has a written agreement with the organization or shelter
52	52	addressing the transfer of the facility's retired animals to the
53	53	organization or shelter.
54	54	(c) A research facility may establish guidelines for
55	55	determining whether:
56	56	(1) a retired animal is suitable for adoption; and
57	57	(2) an animal rehoming organization, animal shelter,
58	58	or individual is qualified to accept a retired animal for adoption.
59	59	(d) A research facility must post on the facility's Internet
60	60	website any guidelines adopted under Subsection (c).
61	61	Sec. 830.0004. IMMUNITY FROM CIVIL LIABILITY. A research
62	62	facility that in good faith and in compliance with this chapter and
63	63	rules adopted under this chapter provides a research animal to an
64	64	animal rehoming organization, animal shelter, or individual is
65	65	immune from civil liability with respect to a claim based on:
66	66	(1) the facility's transfer of a retired animal to the
67	67	organization, shelter, or individual under this chapter; or
68	68	(2) the adoption of a retired animal by an individual
69	69	through the organization or shelter.
70	70	Sec. 830.0005. RULES. The executive commissioner may adopt
71	71	rules necessary to implement this chapter.
72	72	SECTION 3. This Act takes effect September 1, 2021.