Bill Text: TX HB4197 | 2023-2024 | 88th Legislature | Introduced

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

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2023-03-21 - Referred to Public Health [HB4197 Detail]

Download: Texas-2023-HB4197-Introduced.html

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88R13564 MCF-D
By: Flores H.B. No. 4197

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. This Act shall be known as the Research Animal
Retirement Act.
SECTION 2. 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 rehoming organization" means a nonprofit
charitable organization established primarily to find adoptive
homes for 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 research facility as
defined by the Animal Welfare Act (7 U.S.C. Section 2132(e)) 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 dog or cat 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 identified by a research facility's attending
veterinarian as:
(1) not suitable for rehoming; or
(2) having 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 rehoming 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 rehoming 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.
(c) A research facility may establish guidelines for
determining whether:
(1) a retired animal is suitable for adoption; and
(2) an animal rehoming organization, animal shelter,
or individual is qualified to accept a retired animal for adoption.
(d) A research facility must post on the facility's Internet
website any guidelines adopted under Subsection (c).
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 rehoming organization, animal shelter, or individual is
immune from civil liability with respect to a claim 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 3. This Act takes effect September 1, 2023.