Requirements For Dogs In Outdoor Dining Areas; Municipal Preemption

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