As of July 1, 2026, every food truck, trailer, and cart in McAllen needs a DSHS Mobile Food Vendor License — that is state law (Health & Safety Code Chapter 437B), and DSHS's guide says the chapter "preempts a local authority's power to prohibit or regulate mobile food vendors." As of September 29, 2026 the City of McAllen and Hidalgo County websites still show the old local food permit with no HB 2844 notice. What is clearly still local: McAllen's location ordinance (residential zones, streets, restaurant distance, plaza consent), the fire and planning inspections the city requires, and its food handler / food manager permits.
Yes — one state license, plus whatever McAllen still handles locally. Since July 1, 2026 the health license for every Texas mobile food vendor is the DSHS Mobile Food Vendor License (House Bill 2844, Health & Safety Code Chapter 437B). Cities and counties no longer issue the health permit. Fire, zoning/location, food handler, and event rules can still be local. Here is how that breaks down in McAllen:
Required for every mobile food unit under Chapter 437B. Type I, II, or III — apply through DSHS Online Licensing.
City site not updated for HB 2844 (still shows the old local permit and 6-month vehicle inspections). State law preempts local health permitting.
Still local: no vending in residential zones, public streets, or congested areas; restaurant-entrance distance rule; written property permission; plaza tenant consent.
The city application requires a fire inspection and a planning inspection before it moves forward.
Not sure which box you fall in? Call or text (956) 592-2896 — you'll talk to a Texas operator who deals with DSHS every week, not a call center.
If you're opening a new truck in McAllen and don't hold a current Texas license, you can't operate until DSHS issues yours. Doing things in this order keeps you from calling the wrong office or paying for the wrong permit. New to the state law? Start with the complete HB 2844 guide.
Beginning July 1, 2026, every mobile food vendor operating in McAllen and Hidalgo County must hold a license issued by the Texas Department of State Health Services. A separate DSHS license is required for each food vending vehicle. Here is what McAllen's own government says about it:
“Texas Health and Safety Code Chapter 437B, Mobile Food Vendors preempts a local authority's power to prohibit or regulate mobile food vendors.”— DSHS Mobile Food Vendor Guide (updated May 2026) · official source · read 2026-09-29
McAllen has not posted a transition notice. Its Health & Code Enforcement page still links the "Food Truck & Mobile Truck Requirements," affidavit, and mobile vending permit forms from 2023–2024. If a city employee tells you to pull a city food permit, ask them to put it in writing and call us — the state license is the health license.
Sells prepackaged food only. $309 DSHS application fee. No pre-licensing inspection fee. Examples: packaged snacks, bottled drinks, prepackaged meals.
Minimal food prep or ROP items. $618 application + $400 inspection = $1,018 in government fees. Examples: snow cones, hot dogs, deli items.
Cooks and serves made-to-order food. $876 application + $500 inspection = $1,376 in government fees. Examples: taco trucks, burger rigs, BBQ trailers.
CPF (commissary) rules are DSHS rules — the same statewide. Most Type II and III units need a licensed CPF or must qualify for the exemption. Read the CPF requirements →
HB 2844 moved the health license to the state. It did not touch fire codes, zoning, food handler programs, or event permits. This is what McAllen and Hidalgo County still run themselves — pulled from their official pages, with the source on every item.
Mobile food vendors are "prohibited from operations/sales in a Residential Zone or District, any public street, or in congested areas." The ordinance bars operating within 150 feet of the primary entrance of an open and operating fixed-location food service establishment (the city's application form says 100 feet — a discrepancy to verify with the city). Within 150 feet of residential: to-go only, no seating. You need written property-owner permission; in a plaza, consent from 50% of tenants; a restroom within 600 feet; a five-foot clear space around the unit; no drive-throughs; no amplified music. Initial permits in plazas are 90-day probationary. The city also requires a notarized affidavit.
The city's Code Enforcement checklist (which cites the ordinance as Sec. 54-51) also asks for a site plan with the truck's dimensions and setback measurements, an aerial map of every location, a letter from the premises owner authorizing bathroom and parking use, and a grease-trap letter documenting where you dispose of wastewater and grease. That checklist is dated 12/2023 — confirm the probationary permit and plaza-tenant rule with the city before you commit to a spot.
The city's application requirements state "Fire Inspection (Without Fire inspection we will not move forward with application)" plus a planning inspection. The Fire Marshal's Office is at the Development Center, 311 N. 15th St. No separate published fire-permit fee was found.
It is "unlawful for any employee of a food establishment to begin work without obtaining a food handling certification" — the city issues a food handler permit valid three years, and requires a food manager permit for a mobile food unit, valid five years from course completion. Fees are set in the ordinance.
A food truck park (three or more trucks) needs a Conditional Use Permit, allowed only in C-3, C-4, I-1, and I-2 zoning, at least 200 feet from the nearest residence or residentially zoned property, no operation between 2:00 a.m. and 7:00 a.m., and one 13-gallon trash receptacle per vendor.
Temporary Food Facility Permit (form revised 12/01/2025): submit two weeks before the event, property-owner letter required, no home-prepared foods. Fees are on the form.
Fire permit, step by step: McAllen food truck fire permit — fees, process, inspection points →
Verified against official McAllen / Hidalgo County / DSHS pages on 2026-09-29. Local rules change without notice — if you were told something different, call us and we will check it with the source. See also: why the state permit doesn't cover fire inspections · how to get your Texas food truck permit, step by step.
The DSHS pre-licensing inspection covers 28 items. One deficiency means a failed inspection — and DSHS confirmed there's no re-inspection fee for routine corrections, so what it really costs you is time. Back in the queue while your truck sits, and operators are already reporting waits of several months. We review your operation in advance so you pass the first time.
Questions before you buy? Call or text (956) 592-2896 — you'll talk to an actual Texas operator, not a call center.
Whether you need a clear action plan or full-service filing, we work with McAllen food truck operators at every stage of the DSHS process.
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