On June 20, 2025, Governor Abbott signed House Bill 2844 into law. It took full effect on July 1, 2026 — and it changed nearly everything about how food trucks get permitted in Texas.
Before HB 2844, a food truck operator in Texas had to navigate a different permitting process in every city and county they wanted to operate in. Houston had its own permit. Dallas had its own. San Antonio, Austin, each county — all different requirements, different fees, different timelines. Operators who wanted to move between cities faced a compliance nightmare.
HB 2844 replaced all of that with one statewide license issued by the Texas Department of State Health Services (DSHS). One application. One inspection. One license that works everywhere in Texas.
Key Change
Local health departments — cities and counties — can no longer require a separate food safety permit that duplicates DSHS coverage. Their authority is now limited to zoning, location restrictions, fire codes, and local operational ordinances. The health permit belongs to the state.
The law also established a formal three-tier classification system for mobile food vendors, created a commissary exemption pathway for fully self-contained trucks, and set up a statewide database of licensed operators.
Important
Operating without a DSHS Mobile Food Vendor license after July 1, 2026 is a violation subject to administrative penalties, license suspension, and license revocation. If you were previously permitted through a local health department, that permit no longer covers you. You must obtain the DSHS license.
The three-tier classification system.
Under HB 2844, every food truck in Texas is classified as Type I, Type II, or Type III based on the risk level of food preparation. Your type determines your fees, inspection requirements, and equipment obligations.
Type I — Low Risk
Sells only prepackaged, non-TCS (time/temperature control for safety) foods. No open food handling or preparation on the vehicle. Examples: packaged snack vendors, bottled beverage carts, pre-packaged meal vendors.
Type II — Moderate Risk
Prepares food to order with limited handling — cook-serve operations. Includes cold holding, thawing, and reheating of commercially processed products. This is where most taco trucks, burger trucks, hot dog vendors, and street food operations fall.
Type III — High Risk
Complex preparation including cooking, cooling, reheating, hot and cold holding, and multi-step food processes. Full-service catering operations and trucks with extensive menus typically fall here.
Not sure which type you are?
If you cook raw meat to order — tacos, burgers, BBQ — you are at minimum Type II. If your operation involves cooling food, multiple cooking methods, or complex multi-step preparation, you may be Type III. When in doubt, our $99 review includes type classification as the first step.
What it costs — fees by truck type.
Fee Type
Type I
Type II
Type III
License Application Fee
$309
$618
$876
Pre-Licensing Inspection
N/A
$400
$500
Total to Start Operating
$309
$1,018
$1,376
Annual Routine Inspection
N/A
$400
$500
Complaint/Compliance Inspection
$300
$400
$500
These fees are paid directly to DSHS and are separate from any consulting service fees. A separate Texas Sales and Use Tax Permit is required and is free through the Texas Comptroller's office.
Step-by-step: how to get permitted.
01
Classify your operation
Review the Type I, II, III definitions above and determine which applies to your menu and preparation process. If you cook raw proteins to order, you are Type II at minimum. Your classification drives your fees, inspection requirements, and equipment obligations.
02
Obtain Texas Sales and Use Tax Permit
Apply free at comptroller.texas.gov or call 1-800-252-5555. You cannot submit your DSHS application without a tax ID. Processing takes 2–3 business days. This is required before you make your first sale.
03
Complete food safety certifications
If you handle open TCS foods, at least one person must hold a valid food manager certification from an ANSI-accredited program (ServSafe, National Registry, Prometric, etc.). The exam costs approximately $35–80 depending on provider. All food handlers must complete food handler certification within 60 days of hire.
04
Assess commissary situation
Determine whether your truck requires a Central Preparation Facility (CPF/commissary) or qualifies for the exemption under 25 TAC 226.6. See the commissary section below for full criteria. If you need a commissary, secure a signed authorization letter from the facility. If you qualify for exemption, prepare your documentation before applying.
05
Apply for DSHS Mobile Food Vendor license
Submit your application through Online Licensing Services at dshs.texas.gov. You will need your tax ID, food manager certificate, menu, equipment list, vehicle information, and commissary documentation. Pay the application fee and pre-licensing inspection fee at time of application. After processing, DSHS will contact you to schedule your pre-licensing inspection.
06
Pass your pre-licensing inspection
Your truck must be fully operational at the time of inspection — all equipment running without external electrical or water connections. Have all documentation on board: food manager certificate, menu, commissary authorization or exemption documentation, and vehicle registration. DSHS or a contracted local health department conducts the inspection.
07
Receive license and operate statewide
Once your inspection passes, DSHS issues your annual Mobile Food Vendor license. It is valid everywhere in Texas. Keep it on your vehicle at all times. Your license expires one year from the date of your successfully completed pre-licensing inspection.
The commissary exemption — do you qualify?
This is the most misunderstood part of HB 2844. The law did not eliminate commissary requirements entirely — it created an exemption pathway for trucks that can demonstrate they are fully self-contained.
Under 25 TAC 226.6(c), Type II and Type III operators must operate from a Central Preparation Facility (CPF) — unless they submit the DSHS CPF/Commissary Exemption Checklist and demonstrate that every one of the following conditions is met simultaneously:
Sufficient space on the truck for all food storage, preparation, cooking, and cooling without cross-contamination risk
All food, equipment, utensils, and single-service articles stored on the vehicle in a manner that avoids contamination
Three-compartment sink large enough to fully immerse the largest utensil or piece of equipment used in the operation
Potable water from an approved municipal or public water source — not an untested private well or private residence
Permanently installed wastewater retention tank (minimum 15% larger than potable water tank) with approved disposal at a licensed servicing area
All food handling and preparation occurs exclusively inside the mobile food unit — no prep at a private residence
Truck meets all physical facility standards for walls, floors, ceilings, equipment, and plumbing
All 7 must be met
Missing even one criterion means the exemption does not apply. The truck must use a commissary. Do not assume you qualify without a formal assessment — submitting an incomplete or inaccurate variance request creates delays and may trigger additional scrutiny.
If your truck qualifies, you submit a formal variance request to DSHS at HACCPVarianceRequest@dshs.texas.gov with supporting documentation including photos, equipment dimensions, water source address, and wastewater disposal site address.
Commissary Exemption Add-On — $149
We assess whether your truck meets all 7 criteria, complete the official DSHS variance request on your behalf, compile all required documentation, and submit it to DSHS. If you qualify, this eliminates $300–600/month in commissary fees. Add it to any package at checkout.
What happens at the inspection.
Your pre-licensing inspection is conducted by DSHS or a local health department acting under a collaborative agreement. The inspector will verify that your truck meets all physical requirements before your license is issued.
Your truck must have — and be running:
All cooking equipment installed, operational, and not requiring external connections
Handwashing sink with soap and paper towels
Three-compartment warewashing sink with drain boards
Refrigeration holding food at 41°F or below
Hot holding equipment capable of maintaining 135°F or above
Potable water tank (labeled "potable water") and wastewater retention tank (labeled "wastewater")
Fire suppression system installed if required for your equipment
Documentation to have on board:
Food manager certification
Complete menu of all items to be sold
Commissary authorization letter or CPF exemption documentation
Servicing area authorization (if not owned by operator)
Vehicle registration
City-specific information.
HB 2844 is statewide — the DSHS license process is the same regardless of where in Texas you operate. However, local zoning, fire codes, and location restrictions still vary by city. Here's what operators in each major Texas city need to know:
What permits do I need to operate a food truck in Texas in 2026?
You need a DSHS Mobile Food Vendor license (statewide), a Texas Sales and Use Tax Permit, food manager certification, food handler certifications for all staff, and compliance with your city's zoning and fire codes. Most operators no longer need a separate city or county health permit under HB 2844.
Do I need a commissary for my food truck in Texas?
Only if your truck does not meet all 7 commissary exemption criteria under 25 TAC 226.6(c). If your truck is fully self-contained with proper water, wastewater, and warewashing systems, you may qualify to skip the commissary requirement by submitting the DSHS CPF Exemption Checklist.
How much does a Texas food truck permit cost in 2026?
Type I: $309. Type II (most taco trucks and burger trucks): $618 application plus $400 pre-licensing inspection = $1,018 to start. Type III: $876 plus $500 = $1,376. These fees are paid directly to DSHS and are separate from any consulting fees.
How long does it take to get a food truck permit in Texas?
With all documents prepared correctly upfront, most operators complete the process in 2–4 weeks. The most common delays are missing certifications, incomplete applications, and equipment that doesn't pass inspection.
Does my old city or county food truck permit still work?
No. As of July 1, 2026, all mobile food vendors must hold a DSHS statewide license. Your previous city or county permit does not substitute for the DSHS license. If you were already licensed locally, you may qualify for Category One applicant status by providing proof of your previous license when applying through DSHS.
Can I operate in multiple Texas cities with one license?
Yes — that is the primary benefit of HB 2844. One DSHS license is valid statewide. You can operate in Houston, Dallas, San Antonio, Austin, Brownsville, and anywhere else in Texas without obtaining additional health permits from each city.
Ready to get permitted?
Skip the guesswork. Our $99 Permit Readiness Review gives you a personalized plan for your specific operation and city.