Texas Food Truck Commissary Requirements: The Complete 2026 Guide

If you've heard that Texas eliminated the commissary requirement for food trucks, you heard part of the story. Honestly, I was confused at first too. HB 2844 — the Food Truck Freedom Bill signed in June 2025, with key provisions taking effect July 1, 2026 — does change the commissary landscape significantly. But "eliminated" isn't the right word. "Conditional" is. And the difference matters, because operators who skip the commissary without meeting the conditions are operating outside the law even after the new rules take effect. Here's what the law actually says, who it applies to, and what you need to have in place.

What Texas Law Has Always Required (Until July 2026)

Under the existing DSHS framework, every mobile food unit (MFU) operating in Texas must be associated with a licensed commissary — a Central Preparation Facility (CPF) in regulatory language. That CPF has been your operational home base: where you fill your water tank, dump grey water, store food, clean equipment, and document your operation. A signed CPF agreement letter has been part of the DSHS permit application process for years, though enforcement has varied significantly across the state.

On July 1, 2026, that changes — for some operators.

What HB 2844 Actually Says

Section 437B.004(4)(D) of the enrolled bill text prohibits regulations that "require a mobile food vendor to associate with a commissary if the vehicle carries the equipment necessary to comply with state law and properly disposes of grease and other cooking waste."¹

Two conditions. Both must be true simultaneously.

The February 2026 proposed rules for 25 TAC Chapter 226 — DSHS's rulemaking implementing HB 2844 — elaborate on what "equipment necessary to comply with state law" means in practice. Under proposed §226.6(c), an operator seeking to avoid a CPF must satisfy all of the following:²

• On-vehicle equipment is sufficient in number and capacity for all required temperature control
• Food storage prevents cross-contamination
• Warewashing compartments are properly sized for the largest equipment and utensils in use
• Potable water comes from an approved source — explicitly cannot be an untested well or private residence
• Grey water, cooking waste, and grease are removed at a facility approved for waste servicing or by a permitted sewage transport vehicle
• Records documenting approved water sources and waste disposal locations are kept on the vehicle at all times and cover the current licensing cycle

Who Qualifies for the Exemption?

The honest answer comes down to one practical question: does your truck function completely independently, or does it rely on anything external?

If you're running a fully self-contained truck — fresh water tank of sufficient capacity, a grey water tank sized at least 15% larger than your fresh water tank, an on-board three-compartment sink, a handwashing station, a hot water heater, and a documented plan for approved waste disposal — you're likely in range to qualify. The word likely matters: DSHS hasn't issued a final self-containment checklist, and inspectors will exercise judgment until that guidance is formalized. Watch the DSHS retail food establishments page for updates.

If your operation relies on external kitchen access — prep space, walk-in refrigeration, bulk storage, or commercial equipment you don't have on board — you still need a commissary in practice. The exemption removes the legal mandate for self-contained operators; it doesn't remove the operational reality for everyone else. If you need the kitchen, you need the relationship.

A home kitchen doesn't qualify as a CPF, even for operators who might otherwise meet the self-containment threshold. The proposed rules explicitly prohibit using a private residence as a CPF or as an approved water source.² DSHS's longstanding MFU guidelines have stated the same: a servicing area cannot be at a private home or living quarters.⁵

If you're running a trailer or simpler setup, be cautious. Many trailers can't meet the full self-containment threshold on their current build. Check your water tank capacities, sink configuration, and waste handling before assuming the exemption applies to you.

If You Go Commissary-Free: Waste Disposal Is Your Responsibility

This is where most social media summaries stop — and where most operators are going to get caught off guard. The HB 2844 exemption is explicitly conditional on proper waste disposal. That's the enforcement counterbalance that state and local officials will lean on when someone's cutting corners. Here's what proper disposal looks like by waste type.

Greywater (sink water, rinse water): Under TCEQ rules, greywater must be hauled to a permitted wastewater treatment facility or disposed of at a site specifically approved for food service use.³ In larger cities, mobile pumping services — such as Alpha Septic in the Austin area — will come to your location and remove waste on-site. RV dump stations are sometimes considered, but they are not automatically approved for food service greywater — the higher grease content distinguishes food truck wastewater from typical RV waste. Check with your local health authority (not just DSHS) before assuming an RV dump station qualifies.³

Cooking grease and used oil: TCEQ classifies this as municipal solid waste.³ You can haul it to a permitted landfill (call ahead to confirm acceptance) or — better — sell or donate it to a cooking oil recycler. Many recyclers will pick up for free or pay per gallon depending on your volume. Improper disposal carries meaningful penalties.

Utensil washing wastewater: This is the most restricted category and the most commonly mishandled. In Austin and several other Texas cities, this water must either pass through a grease trap (typically at a commissary) or be hauled by a permitted liquid waste hauler, with records kept for inspection.³ If you're planning to operate without a commissary, get specific guidance from your local health authority on this one before July 1.

Document everything. Whether inspectors will require proof of disposal on-vehicle at every inspection remains an open question until Chapter 226 rules are finalized — but building the documentation habit now (dates, methods, hauler names, receipts) protects you regardless of how enforcement shakes out. The proposed rules already indicate that records covering the full licensing cycle should be available on-vehicle at any inspection.²

One Change Worth Knowing: Commissary Location

Here's a genuine win in HB 2844 that hasn't gotten much attention: if you do need a commissary, it no longer needs to be in the same city or county where you operate. Under the statewide licensing framework HB 2844 establishes, an approved commissary relationship at any properly licensed facility in Texas covers your operation across the state.¹

Under the old patchwork system, an operator working multiple Texas markets often faced separate commissary expectations in each jurisdiction. That friction is largely gone. An operator from Brownwood serving events in San Angelo, Abilene, and beyond needs one commissary — not three.

One caveat: HB 2844 covers Texas only. If you operate across state lines, the other states have their own CPF requirements.

Most Will Still Need a Commissary: What to Look For

Most food truck operators — particularly those in smaller markets — will still rely on a commissary. The full self-containment threshold is real, and even in larger cities where mobile pumping services exist, many operators find the commissary relationship simpler than managing waste disposal logistics independently. In smaller cities like San Angelo, Abilene, and rural areas, the mobile pumping and waste hauling infrastructure that makes self-containment practical simply may not exist yet. (For whoever is reading this in those markets: that's a genuine business opportunity.)

If you need to find a commissary, The Food Corridor's food-truck-friendly kitchen directory is the most comprehensive listing available and covers Texas and national markets.

Before signing any commissary agreement, confirm:

• DSHS licensure. Your commissary must be a licensed food establishment. Ask for their current license number and verify it on the DSHS retail food establishments database.⁴
• MFU-specific services. Some commercial kitchens don't accommodate food trucks — no dump station, no external hookup, no vehicle access. Confirm what's actually available before you sign.
• Agreement terms. Your commissary agreement letter is part of your DSHS permit application. The agreement should specify services included, access hours, fee structure, and start/end dates. If the facility doesn't have a standard form, Gastro Station can offer a pre-filled template operators can use. A vague or verbal arrangement creates problems at renewal.
• Expiration date. Commissary agreements typically run one year and should be renewed alongside your DSHS permit. Gastro Station Comply tracks both on the same calendar with advance reminders.

What's Still Unresolved

The most concrete open question right now is this: if you believe you're self-contained and qualify for the CPF exemption, what do you actually submit with your DSHS permit application?

The proposed rules (§226.6(c)(3)(G)) specify what you keep on your vehicle: "records that include the physical address and letters of authorization, if needed, for approved sources of potable water and disposal locations for wastewater."² That's your on-vehicle documentation — what an inspector checks when they find your truck. But the DSHS permit application form itself — what you submit to get licensed in the first place — hasn't been published yet and won't be finalized until after Chapter 226 rules are adopted (May 1). Until then, no one can say with certainty exactly what operators claiming the exemption will need to provide up front, versus what they maintain on-vehicle afterward.

Watch dshs.texas.gov/retail-food-establishments⁴ and the Texas Register for the finalized application process after May 1.

The Bottom Line

• HB 2844 conditionally removes the commissary requirement for operators with fully self-contained vehicles who can document proper waste disposal — effective July 1, 2026. The $1.5M revenue figure in HB 2844 applies to farmers and food producers, not food truck operators. The truck exemption has no revenue cap.
• If your truck isn't fully self-contained, the commissary requirement remains — legally and operationally.
• Waste disposal is not optional. Greywater, cooking grease, and utensil wash water each have specific legal requirements, and compliance with those requirements is the practical core of the exemption.
• If you need a commissary, it no longer needs to be in your operating city. One approved Texas commissary relationship covers statewide operation under the new framework.
• The new Chapter 437B license is distinct from the existing Chapter 437 DSHS mobile unit permit. Final Chapter 226 rules are due May 1, 2026, after which DSHS will open applications. If you hold a current DSHS Chapter 437 permit, ask DSHS whether it converts or requires a new application.
• Before July 1, local health authorities still run permitting and may require commissary agreements. After July 1, local ordinances cannot conflict with Chapter 437B — meaning they cannot require commissaries from qualifying operators.

The law changed. That's real. But "the commissary requirement is gone" is not the full picture, and operating on that assumption without verifying your specific situation creates real exposure.