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 - Dead) 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 | |
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| 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. | ||
