Law Update HB 2844 — Texas Health & Safety Code Chapter 437 | Effective July 1, 2026 | 25 TAC §226
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Statute: HB 2844 · 89th Texas Legislature · Authority: 25 TAC §226 · Texas DSHS
Effective: July 1, 2026 · Amends: Texas Health & Safety Code Chapter 437
In Effect

Texas Food Truck Law · Updated July 2026

HB 2844 — Texas Food Truck Law
What Changed on July 1, 2026

HB 2844 is the most significant change to Texas food truck law in decades. One statewide DSHS license. Updated commissary rules. Standardized inspections. Here is exactly what changed, what it means for your operation, and what you need to do right now.

Texas Food Truck Permits Brownsville, TX 10 min read

On July 1, 2026, the Texas food truck permit landscape changed completely. HB 2844 — passed by the 89th Texas Legislature — overhauled the way mobile food units are permitted, inspected, and regulated across the state. Every operator who was navigating the old city-by-city system is now operating under a new legal framework, whether they know it or not.

If you're relying on information from before July 2026, you're relying on the wrong rules. This guide covers exactly what HB 2844 changed, what it did not change, and what every Texas food truck operator needs to do right now.

Statutory Reference

HB 2844 (89th Texas Legislature) amended Texas Health & Safety Code Chapter 437 to consolidate Mobile Food Unit permitting under DSHS statewide authority. Implementing regulations are codified in 25 TAC §226. The effective date is July 1, 2026.

The Short Version: What HB 2844 Did

Before July 1, 2026, a Texas food truck operator who wanted to work in Houston, then drive to Dallas for a weekend event, then set up in Austin for a festival was navigating three different permit systems — Houston's health department, Dallas's, and Austin's. Each city had its own forms, fees, inspection standards, and commissary requirements.

HB 2844 ended that. Here is the short version of what changed:

The Old System vs The New System

Issue Before HB 2844 After HB 2844 (July 1, 2026)
Primary permit City/county issued — different everywhere Single statewide DSHS MFU permit
Geographic coverage One permit per city/county One permit covers all of Texas
Commissary Required for all operators Exemption available under §226.6 for self-contained trucks
Inspection authority Local health departments (varied standards) DSHS standardized protocol statewide
Fee structure Varies by city ($50–$800+) Statewide DSHS fee (~$1,018 Type I)
Truck classification Inconsistent by jurisdiction Standardized Type I / Type II statewide

Key Provision 1: Statewide DSHS Licensing

The centerpiece of HB 2844 is the creation of a single statewide Mobile Food Unit (MFU) permit issued by the Texas Department of State Health Services. This permit is valid for operation anywhere in Texas.

Operators apply through the DSHS online portal. The application requires your Texas Sales Tax Permit number, Food Manager Certification, complete menu, commissary documentation or CPF exemption filing, and equipment specifications. After application review, DSHS schedules a physical inspection. The permit is issued on the day you pass inspection.

Critical Note

Your Texas Sales Tax Permit number is required on the DSHS application. You cannot submit without it. Apply free at comptroller.texas.gov before starting your DSHS application — this is step one, no exceptions.

Key Provision 2: Type I and Type II Classification

HB 2844 formalized the statewide classification of food trucks into two categories. Getting this wrong is one of the most common and expensive mistakes in the application process:

I

Type I Mobile Food Unit

Full cooking operations — raw to fully cooked food prepared on the unit. Requires complete commercial kitchen equipment including cooking equipment, fire suppression, exhaust, refrigeration, three-compartment sink, and handwashing station. Fee: approximately $1,018.

II

Type II Mobile Food Unit

Limited cooking or pre-prepared food operations. No raw protein cooking. Lower equipment requirements. Lower fee. If you apply as Type II but your operation is actually Type I, your application will be rejected and you must refile with additional fees.

Key Provision 3: Commissary Kitchen Rule Changes

Before HB 2844, all Texas food truck operators were required to use a licensed commissary kitchen (Central Preparation Facility) for food storage, prep, and cleaning between service periods. This cost operators $300–600 per month regardless of whether they actually needed the facility.

HB 2844 changed this. Under 25 TAC §226.6, fully self-contained food trucks that meet 7 specific DSHS criteria can qualify for a CPF exemption — eliminating the commissary requirement entirely.

The 7 criteria relate to: onboard potable water supply, adequate wastewater capacity (15%+ larger than freshwater), self-contained food storage, full cooking and temperature control equipment, three-compartment sink, dedicated handwashing station, and full operational independence from any fixed facility.

High-Value Opportunity

Qualifying operators save $300–600 per month permanently. The exemption must be filed correctly before your main application is submitted. See the full Commissary Exemption Guide or the commissary exemption blog post for the full filing process.

Don't know if you qualify for the exemption?

We assess commissary exemption eligibility as part of every $99 Pre-Inspection Application Review. If you qualify, the $149 filing add-on handles the entire DSHS CPF Exemption Checklist and variance request on your behalf.

Work with us. Stay open.

Start Your Application Today — $99

Key Provision 4: Standardized Inspection Protocol

Before HB 2844, food truck inspections were conducted by local county health departments under varying standards. What passed in one county could fail in another. HB 2844 standardized the inspection protocol statewide under DSHS authority.

All inspections now follow the same DSHS checklist covering equipment installation, labeling, water and wastewater systems, food storage temperatures, certifications, and commissary documentation or CPF exemption. The inspector requires the truck to be fully operational on inspection day — turned on, with external power and water accessible.

A failed inspection costs approximately $400+ to reschedule and adds weeks of delay. Full inspection preparation guidance is available in the Texas Food Truck Inspection Guide.

What HB 2844 Did NOT Change

Several things remain the same after HB 2844 and operators should not assume otherwise:

What Happened to Old City Permits?

Old city-issued Mobile Food Unit permits are superseded by HB 2844. They do not satisfy the new statewide DSHS requirement. Operators who held city permits under the old system must apply for the DSHS statewide MFU permit.

Operator Advisory

Do not assume your old permit is still valid. The county health department is still adapting to HB 2844 and may provide conflicting information. Any guidance that references the old city permit system as sufficient authorization is outdated. The DSHS statewide permit is required.

Can Existing Operators Stay Open During the Transition?

This is the most common question from operators running trucks under the old system. The answer depends on your specific situation — your current permits, certifications, truck classification, and commissary status relative to the new DSHS requirements.

Some existing operators qualify to continue operating without interruption under the new framework. Others have compliance gaps that need to be closed before they can obtain the new DSHS permit. Finding out which situation you're in — and getting a clear plan to address it — is exactly what the Pre-Inspection Application Review covers.

"I was completely lost with the new HB 2844 rules and didn't know if I could even stay open. The review gave me a clear step-by-step plan, confirmed I qualified to keep running, and I passed inspection on the first try."

— Rosa T., Mariscos Truck · Brownsville, TX

HB 2844 and City-Specific Requirements

While HB 2844 created a statewide license, most major Texas cities still have supplemental requirements:

Houston

City of Houston mobile food unit registration required in addition to DSHS permit. Harris County coordinates on inspections. Houston food truck permit guide →

Dallas

City of Dallas Food Establishment Permit required. Some districts have additional vending regulations. Dallas food truck permit guide →

San Antonio

Metro Health coordinates with DSHS. Local registration required. Active enforcement market. San Antonio food truck permit guide →

Austin

City of Austin Mobile Food Vendor Permit required. Travis County environmental health involved. Austin food truck permit guide →

Brownsville / RGV

Cameron County operates under new DSHS framework. Local city registration required. Se habla español. Brownsville / RGV permit guide →

All Other Texas Cities

DSHS statewide permit covers all markets. Local registration requirements vary. Contact us for your specific city. Get your city assessed →

The HB 2844 Permit Process: Step by Step

1

Get your Texas Sales Tax Permit

Free at comptroller.texas.gov. Required before DSHS application submission.

2

Obtain Food Manager Certification

ANSI-accredited provider. Must be current — expired certs cause automatic rejection.

3

Determine your MFU classification

Type I or Type II. This determines your fee, equipment requirements, and inspection protocol.

4

Assess commissary status

Do you qualify for the §226.6 CPF exemption? If yes, file before the main application. If no, get a valid commissary authorization letter.

5

Submit complete DSHS application

Online via DSHS portal with all supporting documents. Incomplete applications are returned — the most common cause of delay.

6

Pass DSHS inspection

Truck fully operational on inspection day. All documents present. Equipment properly labeled and installed.

7

Receive permit and open

DSHS issues your statewide MFU permit on inspection pass day. Valid across all of Texas.

HB 2844 is live. Most operators don't know where they stand.

The $99 Pre-Inspection Application Review tells you exactly what you need under the new law, whether you qualify to stay open during the transition, and what your best path forward is. The $397 Professionally Assisted Application guarantees we manage your application process start to finish. The $1,200 Full-Service Permit Filing guarantees we work with you until your permit is in hand.

Work with us. Stay open.

Start Your Application Today — $99

Frequently Asked Questions — HB 2844

What is HB 2844?

HB 2844 is a Texas law (89th Legislature) that took effect July 1, 2026. It amended Texas Health & Safety Code Chapter 437 to consolidate food truck permitting under a single statewide DSHS license and updated commissary and inspection requirements under 25 TAC §226.

Does HB 2844 eliminate city food truck permits?

It replaces city-issued MFU permits as the primary license. Most major cities still require supplemental local business registration. The DSHS statewide permit is now the primary authorization — local registration is supplemental.

Can I still use my old city permit under HB 2844?

No. Old city-issued MFU permits are superseded by HB 2844. All operators must obtain the new DSHS statewide MFU permit regardless of prior permits held.

Does HB 2844 require a commissary kitchen?

Not necessarily. Under §226.6, self-contained trucks can qualify for a CPF exemption. The truck must meet 7 criteria and the exemption must be correctly filed. Qualifying operators save $300–600/month.

Still have questions about HB 2844?

Every operator question about the new law is answered in our main FAQ. Read the full FAQ →

← Texas Food Truck Permit Guide Commissary Exemption Guide →