§ 437.025 — REQUIREMENTS FOR DOGS IN OUTDOOR DINING AREAS; MUNICIPAL PREEMPTION.

Texas § 437.025

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

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).

Legislative History

Added by Acts 2019, 86th Leg., R.S., Ch. 423 (S.B. 476 ), Sec. 1, eff. September 1, 2019.