| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requirements for and municipal regulation of dogs in an |
|
|
outdoor dining area of a food service establishment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 437, Health and Safety Code, is amended |
|
|
by adding Section 437.025 to read as follows: |
|
|
Sec. 437.025. REQUIREMENTS FOR DOGS IN OUTDOOR DINING |
|
|
AREAS; MUNICIPAL PREEMPTION. (a) A food service establishment may |
|
|
permit a customer to be accompanied by a dog in an outdoor dining |
|
|
area if: |
|
|
(1) the establishment posts a sign in a conspicuous |
|
|
location in the area stating that dogs are permitted; |
|
|
(2) the customer and dog access the area directly from |
|
|
the exterior of the establishment; |
|
|
(3) the dog does not enter the interior of the |
|
|
establishment; |
|
|
(4) the customer keeps the dog on a leash and controls |
|
|
the dog; |
|
|
(5) the customer does not allow the dog on a seat, |
|
|
table, countertop, or similar surface; and |
|
|
(6) in the area, the establishment does not: |
|
|
(A) prepare food; or |
|
|
(B) permit open food other than food that is |
|
|
being served to a customer. |
|
|
(b) A municipality may not adopt or enforce an ordinance, |
|
|
rule, or similar measure that imposes a requirement on a food |
|
|
service establishment for a dog in an outdoor dining area that is |
|
|
more stringent than the requirements described by Subsection (a). |
|
|
(c) The requirements described by Subsection (a) do not |
|
|
apply to a service animal, as defined by Section 437.023(c). |
|
|
SECTION 2. This Act takes effect September 1, 2019. |