What is the new Texas food truck law? Here's what Austin vendors need to know

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.

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
• Print and keep the application summary on your food vending vehicle at all times  

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

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