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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 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 offer the animals for adoption. |
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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 or abandoned animals and offer those animals for |
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adoption. |
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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 the secretary of agriculture of the United States under |
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that Act and that conducts experiments on dogs or cats for |
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education, research, science, or testing purposes. |
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(5) "Retired animal" means a cat or dog that a research |
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facility used in experiments conducted for education, research, |
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science, or testing purposes and no longer needs for those |
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purposes. |
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Sec. 830.002. APPLICABILITY. This chapter applies only to |
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a retired research animal that does not have a substantial medical |
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condition that prevents the animal from successfully integrating |
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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, shall |
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offer on its retirement a retired 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) Before offering any retired animal to an animal rescue |
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organization or animal shelter, a research facility must enter into |
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a written agreement with the organization or shelter addressing the |
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transfer of the facility's retired animals to the organization or |
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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 |
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provides a research animal to an animal rescue organization, animal |
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shelter, or individual is immune from civil liability with respect |
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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, 2017. |