House File 2408 H-8102 Amend House File 2408 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 137G.1 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Consent” means a mutual acknowledgment by a restaurant 7 and a food delivery platform, which may be obtained 8 electronically. 9 2. “Food delivery platform” or “platform” means a business 10 that acts as a third-party intermediary by taking and arranging 11 for the delivery or pickup of orders from multiple restaurants 12 for consumers, not including delivery or pickup orders placed 13 directly with, and fulfilled by, a restaurant. “Food delivery 14 platform” does not include websites, mobile applications, or 15 other electronic services that do not post restaurant menus, 16 logos, or pricing information on the platform. 17 3. “Likeness” means a mark or trade name. 18 4. “Mark” means a trademark or service mark, regardless of 19 whether the trademark or service mark is actually registered 20 with the state or other entity. 21 5. “Restaurant” means a business in the state that operates 22 its own permanent food service facilities with commercial 23 cooking equipment on its premises and prepares and offers to 24 sell multiple entrees for consumption on or off the premises. 25 6. “Trade name” means a name used by a person or entity to 26 identify a person or entity’s vocation. 27 Sec. 2. NEW SECTION . 137G.2 Restaurant and food delivery 28 platform —— agreement. 29 1. A food delivery platform shall be prohibited from all of 30 the following: 31 a. Using a restaurant’s likeness without the written 32 agreement of the restaurant owner or the owner’s designee in a 33 manner that could be reasonably interpreted to falsely suggest 34 sponsorship or endorsement by the restaurant. 35 -1- HF 2408.3471 (2) 89 es/rn 1/ 4 #1.

b. Taking and arranging for the delivery or pickup of an 1 order from a restaurant without the consent of the restaurant 2 owner or the owner’s designee. 3 c. Intentionally inflating or altering a restaurant’s 4 pricing without the consent of the restaurant owner or the 5 owner’s designee, except that a food delivery platform may 6 charge additional fees to the consumer if the fees are noted 7 separately to the consumer. 8 d. Attempting to charge a restaurant, or expecting the 9 restaurant to pay or absorb any fee, commission, or charge 10 without the consent of the restaurant owner or the owner’s 11 designee. 12 2. A food delivery platform shall do all of the following: 13 a. Clearly provide to the consumer a mechanism to express 14 concerns regarding an order directly to the food delivery 15 platform. 16 b. Remove a restaurant from the food delivery platform’s 17 services within ten days of receiving the restaurant’s request 18 for removal unless an agreement between the food delivery 19 platform and the restaurant states otherwise. 20 3. An agreement between a food delivery platform and a 21 restaurant to take and arrange for the delivery or pickup of 22 orders shall include all of the following: 23 a. Authorization for the food delivery platform to take 24 and arrange for the delivery and pickup of orders from the 25 restaurant. 26 b. Clear identification of any fee, commission, or charge 27 that the restaurant will be required to pay or absorb. 28 4. An agreement between a food delivery platform and a 29 restaurant to take and arrange for the delivery or pickup of 30 orders shall not include provisions, clauses, or covenants that 31 require a restaurant to indemnify a food delivery platform, 32 or any employee, independent contractor, or agent of the food 33 delivery platform, for any damages or harm caused by the 34 actions or omissions of the food delivery platform or any 35 -2- HF 2408.3471 (2) 89 es/rn 2/ 4

employee, independent contractor, or agent of the food delivery 1 platform. 2 5. A provision of an agreement between a food delivery 3 platform and a restaurant, or consent, that is contrary to 4 this chapter is void and unenforceable. A violation of the 5 provisions of this chapter shall be punished as a schedule 6 “one” penalty unless otherwise indicated. Violations of a 7 continuing nature shall constitute a separate offense for 8 each violation unless otherwise provided. Upon a court 9 determination the prevailing party shall be awarded court costs 10 and attorney fees. The schedule of violations shall be as 11 follows: 12 a. “Schedule one” means a penalty of one thousand dollars 13 for a first violation. 14 b. “Schedule two” means a penalty of two thousand five 15 hundred dollars for a second violation. 16 c. “Schedule three” means a penalty of ten thousand dollars 17 for a third and subsequent violation. 18 6. a. A restaurant may bring an action to enjoin a 19 violation of this chapter. If the court finds a violation 20 of this chapter, the court shall issue an injunction against 21 a food delivery platform and may require the platform to pay 22 to the injured restaurant all profits derived from, or damages 23 resulting from, the wrongful acts and order that the wrongful 24 acts be terminated. 25 b. If the court finds that the food delivery platform 26 committed a wrongful act in bad faith in violation of this 27 chapter by not entering into an agreement or obtaining written 28 consent, the court, in the court’s discretion, shall: 29 (1) Enter a judgment in an amount not to exceed three times 30 the amount of profits and damages. 31 (2) Award reasonable attorney’s fees to the restaurant. 32 Sec. 3. NEW SECTION . 137G.3 Food safety —— liability. 33 1. Orders delivered through a food delivery platform shall 34 be transported in a manner that meets all of the following 35 -3- HF 2408.3471 (2) 89 es/rn 3/ 4

requirements: 1 a. The order shall be maintained at a holding temperature 2 necessary to prevent spoilage. 3 b. All bags or containers in which orders are being 4 transported or delivered from a restaurant to a customer shall 5 be closed or sealed by the restaurant with a tamper-resistant 6 method. 7 c. The individual delivering orders shall not have any 8 passengers, including animals or children when orders for 9 delivery are being transported in the vehicle, except for 10 one adult passenger not engaging in payment for ride-share 11 services. 12 d. Smoking or vaping in the vehicle while orders are in the 13 vehicle shall be prohibited. 14 2. A food delivery platform transporting orders shall be 15 liable for any harm or injury caused by a failure by the food 16 delivery platform to meet the requirements of this chapter. > 17 2. Title page, line 2, by striking < third-party food 18 delivery service > and inserting < food delivery platform, and 19 providing civil penalties > 20 ______________________________ NORDMAN of Dallas -4- HF 2408.3471 (2) 89 es/rn 4/ 4 #2.