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.