If you operate a food truck or mobile food unit in Texas, something significant just changed — and the clock is running. Starting July 1, 2026, every mobile food vendor in the state must hold a statewide license issued by the Texas Department of State Health Services (DSHS). The patchwork system of city and county permits that operators have navigated for decades is being replaced by a single, unified licensing framework.
What Is HB 2844?
HB 2844 was passed by the 89th Texas Legislature and signed by Governor Abbott on June 20, 2025.1 It creates a brand-new chapter of Texas law — Texas Health and Safety Code Chapter 437B — devoted entirely to the licensing and inspection of mobile food vendors in Texas.1
The core change is straightforward: mobile food vendors must now obtain an annual license from DSHS for statewide operation, with licensing, inspection, and enforcement under DSHS jurisdiction — and local authority preempted regarding anything conflicting with HSC Chapter 437B.1
Plain English: one license, one authority, statewide. Your city or county can still enforce local ordinances that don't conflict with the new state law, but they can no longer require a separate local permit that duplicates what DSHS now covers.
Who Does This Affect?
Under HB 2844, a "mobile food vendor" is defined as any person who dispenses food or beverages from a food vending vehicle for immediate service or consumption, where a "food vending vehicle" means any vehicle that operates as a food service establishment and is designed to be readily movable.1
If that describes your operation — food truck, trailer, cart, or mobile unit — you need this license. DSHS estimates approximately 19,000 small businesses in Texas will be subject to the new rules.2 This includes operators currently permitted locally who may assume their existing permits still cover them after July 1. They do not.
The Three-Tier Classification System
One of the most significant things HB 2844 introduces is a risk-based tier system that determines your license fee, inspection requirements, and compliance obligations. The three tiers are defined as follows in the DSHS draft rules:1
| Tier | Who it covers | Examples |
|---|---|---|
| Type I | Prepackaged, non-TCS foods with low risk to public health | Prepackaged chips, bottled drinks, shelf-stable goods |
| Type II | Food requiring limited handling and preparation — cook-serve | Burgers, tacos, hot dogs cooked to order |
| Type III | Complex preparation: cooking, holding, cooling, reheating, and service | Multi-step menus, catering operations, full-service kitchens |
Most full-service food trucks operating a grill, fryer, or stovetop will land in Type II or Type III. If you're not sure which tier applies, that's the first question to answer — your classification drives everything else.
Tier definitions are drawn from the February 20, 2026 proposed rules published in the Texas Register (25 TAC Chapter 226). Fee amounts reflect the same proposed rules, which revised the figures upward from the October 2025 DSHS draft. Rules were required to be finalized by May 1, 2026. Operators should verify current requirements directly with DSHS at foodestablishments@dshs.texas.gov or (512) 834-6753 before making compliance decisions.
What It Costs
Application fees and inspection costs per the February 2026 proposed rules are as follows:2
| Fee type | Type I | Type II | Type III |
|---|---|---|---|
| License application fee | $300 | $600 | $850 |
| Pre-licensing health inspection | — | $400 | $500 |
| Routine inspection (pre-charged at renewal) | — | $400 | $500 |
| Complaint / compliance inspection | $300 | $400 | $500 |
For a typical full-service food truck classified as Type II, you're looking at $600 for the application plus $400 for the pre-licensing inspection before you can legally operate — $1,000 upfront to get started, then $400 annually for routine inspections pre-charged at renewal. Note that the complaint and compliance inspection fees are an additional cost billed at the next renewal if triggered — another reason to stay clean.
Type III operators face higher costs at every step. If your menu involves complex prep — multiple cooking methods, cooling and reheating, or extended holding — budget accordingly and classify honestly.
Key Dates
As of this writing, you have roughly three months. That sounds like sufficient runway, but if DSHS processes applications anything like other state licensing workflows, you don't want to be submitting in June.
Commissaries, Local Ordinances, and What HB 2844 Actually Changes
You may not need a commissary — but you need to document your water and waste. This is one of the most misunderstood parts of HB 2844, and the actual rule is more nuanced than most summaries suggest.
The default under §226.6(c) is that an MFV must operate from a Central Preparation Facility (CPF) — what most operators know as a commissary. But the proposed rules include a genuine exemption. To operate without a CPF, an operator must satisfy every one of the following conditions simultaneously: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
- Potable water comes from an approved source — explicitly cannot be an untested well or private residence
- Grey water, cooking waste, and grease must be removed at a facility approved for waste servicing or by a sewage transport vehicle
- Records documenting approved water sources and waste disposal locations must be kept on the vehicle at all times and cover the current licensing cycle
The tier implications here are real. Type I operators have the clearest path — a separate provision (§226.6(b)(3)) exempts operators selling only prepackaged food or non-TCS beverages from water and sewage system requirements entirely, making the CPF exemption straightforward to satisfy. Type II operators running cook-serve operations could qualify if they can document approved water and waste sources. Type III operators face a significantly harder case: the grey water volume, cooking waste, and grease that comes with complex preparation makes the full exemption difficult to satisfy in practice without some form of commissary relationship.
The critical point for operators considering the exemption: you still need to dispose of grey water at an approved facility regardless. In many cases that will effectively mean using a commissary — just without a formal agreement or letter of authorization. What changes is the paper trail: approved source records must be on the vehicle, current, and available to inspectors at any time.
Commissary requirements under HB 2844 deserve their own full breakdown — including how to qualify for the CPF exemption, what documentation DSHS expects, and how the rules differ by tier. We'll cover it in depth in the next Gastro Station post. Subscribe to get it when it publishes.
Local ordinances still apply — partially. Under §226.1(c)(2) of the proposed rules, mobile food vendors must still comply with all local ordinances that do not conflict with HSC Chapter 437B or Chapter 226.2 Local rules around where you can park, hours, noise, and other operational matters remain in force where they don't duplicate or conflict with the new DSHS framework.
What You Need to Do Now
Review your menu and prep process against the Type I / II / III definitions above. When in doubt, assume Type II or III and budget accordingly.
Your commissary agreement will be part of the application. If you don't have one, or your current arrangement is informal, get it documented now. Gastro Station's Comply module includes commissary agreement tracking.
The license application will require information about your operation, vehicle, and food handling practices. Start organizing now rather than scrambling in June.
DSHS was required to finalize rules by May 1, 2026. Check dshs.texas.gov/retail-food-establishments for the official application process and any changes from draft.
July 1 is a hard date. After that, operating without a license is a violation subject to administrative penalties, suspension, or revocation.
Built for exactly this moment.
Track your HB 2844 documents, renewal dates, and compliance status in one place — built specifically for Texas mobile food operators.
Get Early AccessOne Benefit Worth Knowing
Here's something most operators haven't heard yet: for trucks that operate across city or county lines, HB 2844 may actually simplify your life.
Under the old system, operating in multiple Texas cities often meant navigating separate permit requirements in each jurisdiction. The new statewide license covers your operation across Texas — and DSHS will maintain a statewide database accessible to local jurisdictions, containing names of licensed MFVs, inspection results, and operator itineraries.1 Local jurisdictions can see your status, which reduces the friction of proving compliance in every new market you serve.
If expansion has been on your radar, getting your statewide license sorted sooner is a reason to move, not wait.
A New Requirement With Real Teeth
This one deserves more attention than most HB 2844 summaries have given it. The proposed rules include a location notification requirement that appears in two places — once in the licensing application (§226.4(c)(1)(G)) and again in the inspections subchapter (§226.8(d)) — and it comes with enforcement consequences that go beyond a simple paperwork obligation.2
The full text of §226.8(d) reads:
An MFV must provide the department, to the best of the vendor's knowledge, a list of all planned locations of operation along with an itinerary listing the dates and times the MFV plans to operate at these locations. The itinerary must be provided at least seven days before the first date listed in the itinerary. The MFV can share the itinerary on the MFV's social media or website. If the MFV does not post the itinerary on social media or the vendor's internet website, the MFV must send the itinerary to the department, in the form and way the department requires.
The reason for the requirement becomes clear in the next two subsections: DSHS needs to be able to locate MFVs for randomized health inspections. If an MFV cannot be found using the provided itinerary, the license may be subject to suspension or revocation.2 This isn't a transparency measure — it's an inspection access mechanism with license revocation as the backstop.
Practically, posting your schedule to social media or your website is the path of least friction. An operator who already posts their weekly location schedule on Instagram is already compliant with the spirit of this rule. An operator with no online presence — more common in rural Texas markets — will need to submit itineraries directly to DSHS in whatever format the department prescribes, and the seven-day advance notice window means you can't just text your location to an inspector the morning of service.
The full compliance picture for this requirement won't be clear until DSHS finalizes the submission format and any grace-period provisions. Watch dshs.texas.gov/retail-food-establishments for guidance as July 1 approaches.
Sources
- 1. Texas DSHS, HB 2844 Overview — Consumer Protection Division, Food & Drug Section (October 8, 2025). Background, tier classification summary, and legislative timeline.
- 2. Texas Register, Proposed Rules, Title 25 Health Services — 25 TAC Chapter 226 (February 20, 2026). Full proposed rule text for §226.1–226.8, including fee schedule, tier definitions, commissary requirements, location notification requirement (§226.8(d)), and 19,000-business impact estimate. Primary source for fee figures cited in this article.
- 3. Texas Legislature, HB 2844 Enrolled Bill Text (89th Legislature, Regular Session, 2025).
- 4. Texas DSHS, Retail Food Establishments — official page for ongoing implementation updates, final rule publication, and application process.