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Texas Health and Safety Code - HEALTH & SAFETY § 437.025. Requirements for Dogs in Outdoor Dining Areas; Municipal Preemption

Current as of January 01, 2024 | Updated by Findlaw Staff

(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).

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Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 437.025. Requirements for Dogs in Outdoor Dining Areas; Municipal Preemption - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-437-025/

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