Sec. 118.0002. PROHIBITED ACTS. A third-party food delivery service may not:

(1) arrange for the delivery or pickup of food or beverages from a restaurant in this state unless the service has filed a certificate of formation or registration with the secretary of state;

(2) use a restaurant's mark or trade name in connection with the service in a misleading way that suggests the restaurant sponsors or endorses the service;

(3) add a restaurant removed from the service under Section 118.0003 to the service unless the service has received written consent from the restaurant to add the restaurant to the service; or

(4) charge a restaurant a fee or require the restaurant to absorb a fee in connection with the service's arrangement of an order from that restaurant unless the restaurant has agreed to pay or absorb the fee under an agreement that meets the requirements of Section 118.0004.

Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 6, eff. January 1, 2022.

Redesignated from Business and Commerce Code, Chapter 114 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(3), eff. September 1, 2023.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(4), eff. September 1, 2023.