Texas Health and Safety Code 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).
Terms Used In Texas Health and Safety Code 437.025
- Rule: includes regulation. See Texas Government Code 311.005
(c) The requirements described by Subsection (a) do not apply to a service animal, as defined by § 437.023(c).