Bill Text: TX HB2490 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the adoption of cats and dogs previously used for research.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2017-05-09 - Committee report sent to Calendars [HB2490 Detail]

Download: Texas-2017-HB2490-Comm_Sub.html
  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.
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