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