(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


(c) The requirements described by Subsection (a) do not apply to a service animal, as defined by § 437.023(c).