| 1 | 1 | | 86R5919 SCL-D |
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| 2 | 2 | | By: Goldman H.B. No. 1801 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requirements for and municipal regulation of dogs in an |
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| 8 | 8 | | outdoor dining area of a food service establishment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 437, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Section 437.025 to read as follows: |
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| 12 | 12 | | Sec. 437.025. REQUIREMENTS FOR DOGS IN OUTDOOR DINING |
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| 13 | 13 | | AREAS; MUNICIPAL PREEMPTION. (a) A food service establishment may |
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| 14 | 14 | | permit a customer to be accompanied by a dog in an outdoor dining |
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| 15 | 15 | | area if: |
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| 16 | 16 | | (1) the establishment posts a sign in a conspicuous |
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| 17 | 17 | | location in the area stating that dogs are permitted; |
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| 18 | 18 | | (2) the customer and dog access the area directly from |
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| 19 | 19 | | the exterior of the establishment; |
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| 20 | 20 | | (3) the dog does not enter the interior of the |
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| 21 | 21 | | establishment; |
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| 22 | 22 | | (4) the customer keeps the dog on a leash and controls |
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| 23 | 23 | | the dog; |
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| 24 | 24 | | (5) the customer does not allow the dog on a seat, |
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| 25 | 25 | | table, countertop, or similar surface; and |
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| 26 | 26 | | (6) in the area, the establishment does not: |
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| 27 | 27 | | (A) prepare food; or |
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| 28 | 28 | | (B) permit open food other than food that is |
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| 29 | 29 | | being served to a customer. |
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| 30 | 30 | | (b) A municipality may not adopt or enforce an ordinance, |
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| 31 | 31 | | rule, or similar measure that imposes a requirement on a food |
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| 32 | 32 | | service establishment for a dog in an outdoor dining area that is |
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| 33 | 33 | | more stringent than the requirements described by Subsection (a). |
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| 34 | 34 | | (c) The requirements described by Subsection (a) do not |
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| 35 | 35 | | apply to a service animal, as defined by Section 437.023(c). |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2019. |
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