Choose Your Concept and MFV Type
Before you buy a truck or file any paperwork, your concept determines your MFV type — and your type drives everything else: your fees, your equipment requirements, your commissary obligations, and your inspection standards.
The three MFV types under HB 2844:
- Type I — Prepackaged food only. No open food preparation. Lowest fees ($309 to apply).
- Type II — ROP/vacuum-sealed foods, minimal prep, reheating, cold holding. $1,018 in government fees to apply.
- Type III — Full food preparation: cooking raw proteins, made-to-order food, full kitchen operation. $1,376 in government fees to apply. This is where tacos, burgers, and BBQ live.
Form Your Business Entity
Before applying for any permits, establish your legal business structure. Most food truck operators choose an LLC for liability protection and tax flexibility.
- Register your LLC or sole proprietorship with the Texas Secretary of State at sos.texas.gov
- Obtain an Employer Identification Number (EIN) from the IRS — free at irs.gov
- Open a dedicated business bank account
- Register for Texas Sales and Use Tax with the Texas Comptroller at comptroller.texas.gov — food truck sales are generally taxable in Texas
Acquire and Equip Your Vehicle
Your food vending vehicle must meet DSHS equipment standards for your MFV type before you can pass inspection. Equipment requirements differ significantly between types.
All MFV types require:
- Vehicle must be readily movable at all times — no permanent utility connections, no skirting, not on blocks
- Smooth, easily cleanable, light-colored floors, walls, and ceilings
- 16-mesh screening at all ventilation openings
- Weather-resistant exterior surfaces
Type II and III additionally require:
- Permanently installed potable water tank — labeled "potable water," sloped to drain, ¾-inch or smaller inlet
- Wastewater tank — minimum 15% larger than potable tank, labeled "wastewater"
- Handwashing sink with soap and paper towels
- Three-compartment warewashing sink large enough to submerge your largest utensil
- Adequate hot and cold food holding equipment for TCS foods
Secure Your Commissary or CPF
Most Type II and Type III operators must operate from a licensed Central Preparation Facility (CPF) — also called a commissary. This must be secured and documented before your DSHS inspection.
- Your CPF must be a licensed Texas food establishment — a commercial kitchen, restaurant, or approved food facility
- A private residence cannot serve as a CPF under any circumstance
- If you don't own the CPF, you need a signed authorization letter from the owner
- You must carry the CPF's most recent health inspection report on your vehicle at all times
CPF exemption: If your vehicle is fully self-contained — adequate food storage, temperature control, warewashing, approved water source, and proper waste disposal — you may qualify for a CPF exemption. This is evaluated during your inspection.
Apply for Your DSHS License
All Texas mobile food vendor applications are submitted through DSHS Online Licensing Services. After DSHS processes your application, you will receive a letter to schedule your pre-licensing inspection.
- Apply at vo.ras.dshs.state.tx.us through Online Licensing Services
- Pay your application fee and pre-licensing inspection fee at the time of application
- Print and keep your application summary and payment receipt on your vehicle at all times
- If you already hold a local Texas health permit, you may continue operating during processing — you are a Category 1 applicant
Pass Your Pre-Licensing Inspection
After DSHS processes your application, you'll receive a letter to schedule your pre-licensing inspection. Your vehicle must travel to a designated inspection location and be fully operational without any external utility connections.
What to bring:
- Driver's license or CDL
- Proof of insurance and TXDOT weight records
- Complete menu of all items sold
- Food allergen poster
- Certified food manager certification (if required for your type)
- CPF authorization letter and most recent inspection report
- Operating schedule and servicing area documentation
A failed inspection costs Type II operators $400 and Type III operators $500 per re-inspection visit — and your truck is grounded until you pass.
Obtain Local Permits
Your DSHS license is a state requirement — it does not replace local city or county requirements. Most Texas cities and counties still require their own permits for food truck operations.
- City or county health permit — contact your local health department
- Fire safety permit — check with your city fire marshal
- Business license — varies by city
- Zoning and location approvals — where you can legally park and operate varies by municipality
- Event and temporary permits — required for festivals, markets, and private events in most jurisdictions
Note under HB 2844: Texas Health and Safety Code Chapter 437B preempts a local authority's power to prohibit mobile food vendors outright — but local governments can still regulate where and how you operate. Your DSHS license opens the state door; local permits open the city door.
Open for Business
With your DSHS license issued and local permits in hand, you are cleared to operate anywhere in Texas. Your DSHS license is valid for one year from the date of your successfully completed pre-licensing inspection and requires annual renewal.
- Keep your DSHS license, local permits, CPF documentation, and servicing area logs on your vehicle at all times during operation
- Maintain your servicing area activity log — date and time of every water fill, waste disposal, and grease disposal
- Keep your food manager certification current if required for your MFV type
- Budget for routine inspection fees: $400 for Type II, $500 for Type III (DSHS has not published a fixed frequency — confirm with DSHS directly)
Ready to Get Started?
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