Updated June 2026HB 2844 / 25 TAC 226.6CPF Exemption Guide
The direct answer.
Under HB 2844 (effective July 1, 2026), Texas food truck operators are not automatically required to use a commissary if their truck meets all 7 criteria for the CPF (Central Preparation Facility) exemption under 25 TAC 226.6. If your truck qualifies, you can submit the DSHS CPF Exemption Checklist and operate without a commissary — saving $300–600/month.
If your truck does not meet all 7 criteria, a licensed commissary is still required.
What is a commissary?A commissary (also called a Central Preparation Facility or CPF) is a licensed commercial kitchen that food trucks use as a base of operations for food preparation, storage, cleaning, and waste disposal. Before HB 2844, most Texas cities required a commissary for all food trucks. Now, qualifying self-contained trucks can apply for an exemption.
The 7 criteria for commissary exemption.
Every single one of these must be true simultaneously. Missing even one means the exemption does not apply.
Sufficient on-vehicle storage — Space for all food, equipment, utensils, and single-service articles without cross-contamination risk
Three-compartment sink — Large enough to fully immerse the largest utensil or piece of equipment used in the operation, with drain boards on both sides
Potable water from an approved source — Must come from a municipal or public water system — not a private residence, untested well, or non-approved source
Permanently installed wastewater retention tank — At least 15% larger than your potable water tank. Must be permanently installed — not a portable container
Approved wastewater disposal site — A licensed servicing area where you empty your wastewater tank. Must be documented.
All food prep on the vehicle — Every step of food handling and preparation must occur exclusively inside the mobile food unit. No prep at a private residence or unapproved location.
Meets all physical facility standards — Walls, floors, ceilings, equipment, plumbing, and lighting must meet DSHS standards for a mobile food unit
All 7 must be met at the same timeThis is not a checklist where you can score 6 out of 7. If your truck fails even one criterion, the exemption does not apply and you need a commissary. Submitting an inaccurate exemption request creates delays and may trigger additional scrutiny of your application.
Not sure if your truck qualifies? Our Commissary Exemption Assessment ($149 add-on) evaluates all 7 criteria, completes the DSHS variance request, and submits all documentation for you.
If your truck meets all 7 criteria, the exemption is obtained through a formal variance request submitted to DSHS:
Complete the DSHS CPF/Commissary Exemption Checklist documenting how your truck meets each criterion
Include photos of your three-compartment sink, water tanks, wastewater tank, and storage areas
Provide documentation of your potable water source (utility bill or letter from water provider)
Provide documentation of your approved wastewater disposal site
Submit the completed variance request to DSHS at HACCPVarianceRequest@dshs.texas.gov
DSHS reviews and issues written confirmation of exemption approval
If you still need a commissary.
If your truck doesn't qualify for the exemption, you need a signed commissary authorization letter from a licensed CPF before you can submit your DSHS application. Here's what the commissary relationship involves:
Commissary must hold a valid DSHS food establishment permit
You must provide a signed authorization letter from the commissary owner on file with DSHS
Most commissaries charge $300–$600/month for access rights
You must return to the commissary for required cleaning, food storage, and waste disposal
If the commissary loses its permit, your operation is affected — choose a stable, well-established facility
FAQ — Commissary questions.
Can I use my home kitchen as a commissary in Texas?
No. A private residence cannot serve as a commissary or Central Preparation Facility for a licensed food truck in Texas. The facility must be a licensed commercial kitchen that holds its own DSHS food establishment permit.
How much does a commissary cost in Texas?
Most commissaries in Texas charge between $300 and $600 per month for food truck access agreements. Rates vary based on location, facilities, and how much time you use the kitchen. In major metro areas like Houston and Austin, rates trend toward the higher end.
What happens if my commissary loses its permit?
If your commissary loses its DSHS permit, you must immediately secure a new commissary authorization and update your DSHS records. Operating without a valid commissary agreement when one is required is a compliance violation. Choose an established facility with a strong compliance history.
Does HB 2844 eliminate the commissary requirement entirely?
No. HB 2844 created a commissary exemption pathway for qualifying self-contained trucks — it did not eliminate the requirement. Trucks that do not meet all 7 CPF exemption criteria still require a commissary. The law made exemption possible where it wasn't before; it didn't remove the rule for trucks that need it.
Commissary questions?
Get a straight answer for your truck.
The $99 review assesses your commissary situation specifically — whether you qualify for exemption and exactly what to do either way.