86R5919 SCL-D
By: Goldman H.B. No. 1801
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.