(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.