Title
Consideration of and action on an ordinance amending Chapter 22, Section 22-48 Mobile Food Service Units.
Body
Summary:
After this proposed ordinance was discussed in Workshop on August 4, 2026, staff worked with City Attorney Fox to make the changes required by the new law and provide clarity on zoning areas for mobile food service units. The proposed ordinance does not allow any tier level mobile food service unit in residential zoned areas or city facilities or city parks (exceptions are listed below) but allows them all in the commercial zoned areas. Vendors must still obtain a permit from the city secretary’s office and pay the $25 fee. A fire safety inspection will be scheduled which is still allowed as it is not related to food safety. Length of time and location are still regulated as per current ordinance. Since the ordinance has a penalty clause, it will go into effect 10 days after it runs in the weekly newspaper.
(C) All tier levels cannot operate in a residential zoned areas or city facilities and city parks unless:
a. the mobile food service unit is providing food service exclusively for a private party or private event on residential property, with the written permission of the property owner, and the event is not open to walk-up sales from the general public; or
b. music from mobile food service unit must within the levels of the City’s Noise ordinance.
c. operating in a public park or city facility only with the city's written permission;
d. permit application and fee are still required.
(D) All tier levels can operate in commercial zoned areas with completed permit application and fee.
Length of time and location are also maintained from original ordinance:
l. Cannot serve products from the roads, streets or rights-of-way.
m. Cannot operate within the City at the same location more than six (6) days per 90-day permit period, regardless of vendor type. (Location is defined as same property address.)
n. Cannot operate for more than 12 consecutive hours.
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Effective July 1, 2026, House Bill 2844 (89th Texas Legislature, Regular Session, 2025) transferred food-safety licensing and inspection authority for mobile food vendors from local health departments to the Texas Department of State Health Services (DSHS).
Legislative Background - What HB 2844 Does
HB 2844 was filed to address what its author described as a “patchwork” of inconsistent local mobile food vendor regulations across Texas - noting, for example, that neighboring cities like Midland and Odessa impose very different rules on vendors just a short drive apart. The bill's stated purpose is to create a uniform, statewide licensing system that lowers barriers to entry for small business owners and working Texans who earn a living through mobile food vending. It passed the Legislature and was signed into law, with most provisions effective July 1, 2026.
Key mechanics of the new law:
• Statewide license required. Every mobile food vendor must hold a DSHS-issued Mobile Food Vendor (MFV) license, with a separate license for each food vending vehicle.
• Local health permits eliminated. Cities and counties may no longer issue their own food-safety permits, run their own food-safety inspections, or charge food-safety fees for mobile food vendors - unless they enter a formal collaborative agreement with DSHS to inspect on the state's behalf.
• Three-tier risk classification. DSHS sorts vendors into Type I (prepackaged food/low risk, e.g., ice cream trucks), Type II (limited prep, e.g., coffee or hot dog carts), and Type III (full cooking operations, e.g., BBQ or taco trucks). Type I vendors are the lowest-risk tier and are inspected only in response to a complaint - not on a routine schedule.
• Local preemption clause. The bill preempts a local authority from prohibiting or regulating a mobile food vendor in a way that conflicts with the bill. A city may not prohibit the operation, in its jurisdiction, of a vendor who holds a valid MFV license and otherwise complies with state and local law.
• Zoning, fire, and location authority preserved. The bill expressly still requires vendors to comply with local fire codes, zoning codes, and location restrictions - this is the hook for the City's continued ordinance authority
• Retroactive application. The bill states it applies to any local ordinance, rule, regulation, policy, or procedure adopted before, on, or after its effective date - meaning an existing local ordinance that conflicts with HB 2844 does not get grandfathered in.
• DSHS rulemaking limits. The Legislature also restricted what DSHS's own implementing rules can require of vendors - for example, DSHS rules cannot mandate GPS tracking, fingerprinting, a required commercial-establishment agreement, or that a vendor's vehicle stay in constant motion except when serving customers. This does not restrict city ordinances directly, but it signals that the Legislature intended a light regulatory touch for these vendors generally.
Fiscal/Budgetary Impact:
N/A.
Recommended action
Review and adopt the proposed ordinance amending Section 22-48 Mobile Food Service Units.