New Food Truck Law
What is the new Texas food truck law? Here’s what Austin vendors need to know
By Marley Malenfant,
Staff Writer, Austin American Statesman
July 6, 2026
The Texas Legislature passed House Bill (HB) 2844, regulating Mobile Food Vendors (MFVs) in Texas. (Jason Fochtman/Houston Chronicle via Getty Images)
Texas food truck operators now need a statewide license from the Texas Department of State Health Services instead of separate licenses from each local health department where they operate.
Food Truck Application
The change took effect July 1 under House Bill 2844 and creates a new statewide licensing system for mobile food vehicles.
According to the Texas Health and Human Services Commission, mobile food vehicles will be assigned a license type based on their food preparation activities.
How to get a Texas food truck license
According to DSHS, the application is available through its Online Licensing Services.
After the agency processes the application, the operator of the food truck will be contacted to schedule a pre-licensing inspection.
There are two categories for applicants seeking initial licensing and inspection.
Category 1
If you have an existing mobile food unit or mobile food vendor license from a local health department in Texas, you can keep operating if you:
Provide proof of that license when you apply through DSHS
Submit the application and pay the fees
Category 2
Per DSHS, if you do not have a current license anywhere in Texas, you cannot operate until the pre-licensing inspection is completed. The agency will prioritize your application.
Once the pre-licensing inspection is successfully completed, you will be granted a DSHS mobile food vehicle license that expires one year from the date of the completed pre-licensing inspection.
What counts as a mobile food vehicle?
According to the Texas Health and Human Services Commission, a food vending vehicle is a self-enclosed food service establishment (including catering trucks, trailers, and roadside vendors) or pushcart that operates to store, prepare, display, serve, or sell food as a food service establishment, and is designed to be readily movable.
A food vending vehicle may be self- or otherwise-propelled or vehicle-mounted. A food vending vehicle does not count as a food stand or a booth.
What are the license types?
Here are the license categories for mobile food vehicles:
Type I
For vendors that don’t sell time and temperature control for safety (TCS) foods and are considered low risk.
Examples: Prepackaged ice cream vendors and prepackaged snack vendors
Type II
For vendors that sell prepackaged TCS foods or prepare food to order for immediate consumption. Food preparation may include cold holding, thawing or reheating commercially prepared products.
Examples: Coffee trucks, snow cone vendors, hot dog vendors
Type III
For vendors that prepare, cook, hold and serve food. Food preparation may include cooking, cooling, reheating, hot holding or cold holding.
Examples: Burger trucks, barbecue trucks, taco trucks
July 6, 2026
Marley Malenfant
Trending Reporter
Marley Malenfant is a 10-year multimedia journalist who’s worked in print, digital, and broadcast. His prior work includes working in West Texas as a TV reporter for KTXS. During his time there, he covered education, sports, features, and breaking News. He’s skilled in front of the camera as well as behind it. He was a freelance writer, published in D Magazine, Dallas Morning News, SB Nation, Dallas Observer, and was a personality for “The Coach Brothers” sports radio show. Outside of journalism, he was an educator in the Dallas area. He was a 2012 Mayborn Literary Nonfiction Conference grant recipient. In 2021, he was part of the NABJ student multimedia project. He graduated with a paralegal degree from El Centro in 2023. Currently, he’s a trending news reporter for the Austin American-Statesman, covering breaking News, sports, music, and legal trends.
Last updated 07/06/2026