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Discussion of issues relating to changes in mobile food truck ordinance.
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Summary:
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...
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