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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of cats and dogs previously used for |
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research. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 10, Health and Safety Code, is amended by |
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adding Chapter 830 to read as follows: |
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CHAPTER 830. ADOPTION OF CERTAIN RETIRED RESEARCH ANIMALS |
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Sec. 830.001. DEFINITIONS. In this chapter: |
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(1) "Animal rescue organization" means a nonprofit |
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charitable organization established primarily to rescue animals |
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and find adoptive homes for the animals. |
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(2) "Animal shelter" means a facility operated by a |
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nonprofit charitable organization established primarily to shelter |
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and care for stray, homeless, abandoned, or unwanted animals and |
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find adoptive homes for those animals. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Research facility" means a facility as defined by |
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Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), that is |
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licensed by or registered with the United States Department of |
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Agriculture under that Act to conduct experiments on dogs or cats |
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for education, research, science, or testing purposes. |
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(5) "Retired animal" means a cat or dog previously |
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used by a research facility in experiments conducted for education, |
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research, science, or testing purposes that is no longer needed for |
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those purposes. |
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Sec. 830.002. LIMITATION. This chapter does not apply to a |
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retired animal with a substantial medical condition that prevents |
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the animal from successfully integrating into an adoptive home. |
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Sec. 830.003. ADOPTION OF RETIRED ANIMALS. (a) A research |
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facility, or its authorized employee or an authorized student of an |
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institution of higher education associated with the facility, on |
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retirement of a retired animal shall offer the animal for adoption: |
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(1) through an animal rescue organization or animal |
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shelter; or |
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(2) by an individual through an arrangement between |
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the facility and individual. |
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(b) A research facility may not offer any retired animal to |
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an animal rescue organization or animal shelter unless the facility |
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has a written agreement with the organization or shelter addressing |
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the transfer of the facility's retired animals to the organization |
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or shelter. |
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Sec. 830.004. IMMUNITY FROM CIVIL LIABILITY. A research |
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facility that in good faith and in compliance with this chapter and |
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rules adopted under this chapter provides a research animal to an |
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animal rescue organization, animal shelter, or individual is immune |
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from civil liability with respect to a claim that is based on: |
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(1) the facility's transfer of a retired animal to the |
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organization, shelter, or individual under this chapter; or |
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(2) the adoption of a retired animal by an individual |
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through the organization or shelter. |
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Sec. 830.005. RULES. The executive commissioner may adopt |
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rules necessary to implement this chapter. |
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SECTION 2. This Act takes effect September 1, 2019. |