86R5919 SCL-D
 
  By: Hancock S.B. No. 476
 
 
 
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.