Here's something most Texas food truck operators don't know: you may not need a commissary kitchen at all.
Under HB 2844 and 25 TAC §226.6, fully self-contained food trucks can qualify for a Central Preparation Facility (CPF) exemption — meaning you never have to rent a licensed commissary kitchen to store or prep food. If you qualify, that's $300–600 per month saved, permanently.
The problem is most operators don't know this exemption exists. And the ones who do often file it incorrectly — get rejected — and end up paying for a commissary anyway.
This is one of the highest-value provisions in Texas food truck law. One operator we worked with qualified for the exemption and saved $450/month. At $149 for the add-on filing service, that paid for itself in the first four days of the month — and stays open faster too, since no commissary coordination is required before service.
What Is the Texas Commissary Exemption?
Before HB 2844, Texas required all food truck operators to use a licensed CPF for food storage, prep, and cleaning. You rented space at a commercial kitchen, showed up before and after service, and attached an authorization letter from the facility to your DSHS application.
That requirement made sense for trucks that genuinely needed an external facility. But fully self-contained trucks were being forced to pay for commissary space they didn't actually use. 25 TAC §226.6 codified an exemption for those trucks — but only if the filing is done correctly and all 7 criteria are met.
The exemption is not automatic. You cannot assume you're exempt because your truck is self-contained. You must file the DSHS CPF Exemption Checklist, meet all 7 criteria, and receive written DSHS approval before your main application is submitted. Operators who skip this step get rejected at inspection.
What Does a Commissary Actually Cost in Texas?
| Market | Monthly Commissary Cost | Annual Cost |
|---|---|---|
| Houston | $400–600/month | $4,800–7,200/year |
| Dallas | $350–550/month | $4,200–6,600/year |
| San Antonio | $300–500/month | $3,600–6,000/year |
| Austin | $400–600/month | $4,800–7,200/year |
| RGV / Brownsville | $300–450/month | $3,600–5,400/year |
For a truck doing $8,000–12,000/month in revenue, commissary fees represent 3–7% of gross revenue — for space you may not actually need.
The 7 Criteria for the Texas Commissary Exemption
To qualify under 25 TAC §226.6, your truck must meet all 7 of the following criteria. Miss any one of them and you don't qualify:
Onboard Potable Water Supply
Your truck must carry sufficient potable water to support all food prep, cooking, and handwashing for an entire service period. Tank capacity is assessed based on your menu complexity and volume. A tank that runs dry mid-service does not qualify.
Adequate Wastewater Capacity
Your wastewater tank must hold at least 15% more volume than your fresh water tank — a specific DSHS ratio requirement. Must be properly sealed, vented, and removable for approved disposal. Improper wastewater setup is one of the most common exemption rejection points.
Self-Contained Food Storage
All food must be stored onboard in properly labeled, temperature-controlled compartments. You cannot depend on an external facility between service periods. Refrigeration must operate independently and maintain required temperatures.
Full Cooking and Temperature Control Equipment
Your truck must have all equipment necessary to bring food from raw to fully cooked without leaving the unit. Temperature holding equipment for both hot and cold items must be functional and meet TFER requirements.
Three-Compartment Sink
A properly installed three-compartment sink (wash, rinse, sanitize) with drain boards for soiled and clean items must be present and functional inside the truck. Must be self-contained — not a hookup to an external facility.
Dedicated Handwashing Station
A separate handwashing sink — separate from the three-compartment sink — stocked with soap and paper towels at all times. Non-negotiable. Checked at every inspection.
Full Operational Independence
Your truck must complete an entire service period from startup to breakdown without depending on any fixed facility for water, food prep, storage, or cleaning. If any step requires returning to a building between service periods, you don't qualify.
With Exemption vs. Without
Find out if your truck qualifies.
We assess commissary exemption eligibility as part of every $99 Permit Readiness Review. If you qualify, add the $149 filing service and we handle the entire CPF Exemption Checklist and DSHS variance request on your behalf.
Work with us. Stay open.
Start Your Permit Process Today — $99How to File the Commissary Exemption Correctly
Assess all 7 criteria against your actual truck
Not your planned setup — your current setup. DSHS inspects what's actually there.
Document each criterion with supporting evidence
Equipment specs, tank capacity measurements, photos of sink configuration and handwashing station, refrigeration specs.
Complete the official DSHS CPF Exemption Checklist
This is a specific DSHS form, not a general letter. Must be completed fully and accurately.
Submit the variance request to DSHS
Before submitting your main permit application. Exemption approval must be in hand before your application is complete.
Receive written DSHS confirmation
Keep this document with your permit. Must be available during inspection.
Reference the exemption on your DSHS application
In place of the commissary authorization letter. Your application is not complete without one or the other.
Operators submit their DSHS application with a note saying they "plan to file the commissary exemption." That is not how it works. The exemption must be filed and approved separately before your application is complete. Submitting without it — or submitting it incorrectly — results in an application return and delays your opening date.
"My truck qualified for the commissary exemption — I had no idea that was even possible under the new law. Saving $450 a month. The $149 add-on paid for itself in the first week and I never missed a day of service."
— Carlos M., Burger Truck · Houston, TX
City-Specific Notes on the Commissary Exemption
The §226.6 exemption is a statewide DSHS determination — once approved, it applies across all of Texas. But enforcement focus varies by market:
Houston
Active enforcement and detailed inspection processes. Document your exemption thoroughly — equipment specs, photos, measurements.
Dallas
Make sure your variance approval is filed and in hand before submitting your main application.
San Antonio
Metro Health has a strong local enforcement presence. Commissary documentation must be complete and in proper order.
Austin
High volume of applications. Complete exemption documentation upfront speeds overall processing time.
Brownsville / RGV
High-growth market with an active operator community that has navigated this exemption. Se habla español in every review we do.
El Paso / Border Markets
Same DSHS statewide framework applies. Document everything — border market inspections tend to be thorough.
Your truck. Your income. Let's make sure you stay open.
The $99 Review guarantees you walk away fully prepared for HB 2844 — including your commissary status and stay-open determination. The $397 Done With You guarantees we walk with you to inspection day. The $1,200 Full Service guarantees we work with you until your permit is in hand.
Work with us. Stay open.
Start Your Permit Process Today — $99Still Have Questions?
Everything operators ask about the commissary exemption, the filing process, and HB 2844 is answered on our main page. Read the full FAQ →