This new Texas law will impact how mobile food vendors operate

TEXAS – Several new laws across the country will be going into effect in July, but this one specific law will impact Texans.

In January, more than 30 new laws went into effect in Texas, bringing significant changes that impacted Texans across business, law enforcement, housing, technology and more.

You can read more about those laws here.

On May 26, 2025, the Texas Legislature passed House Bill (HB) 2844, regulating Mobile Food Vendors (MFVs) in Texas.

On July 1, all MFVs must be licensed with the Texas Department of State Health Services (DSHS) to operate an FVV in the state of Texas. Previously, MFVs had to get licenses from local health departments for each local jurisdiction they operated in.

MFVs will be assigned a license type based on food preparation activities.

What counts as a Mobile Food Vendor?

A food vending vehicle is a self-enclosed food service establishment (including catering trucks, trailers, and roadside vendors) or pushcart that operates to store, prepare, display, serve, or sell food as a food service establishment, and is designed to be readily movable. An FVV may be self- or otherwise-propelled, or vehicle-mounted.

A food vending vehicle is not a stand or a booth.

Here are the types of licenses for MFVs:

Type I

• MFVs who don’t sell any time and temperature for safety (TCS) foods
• MFVs who are otherwise deemed a low risk of harm to the public
• Examples: Prepackaged ice cream vendors and prepackaged non-TCS snack vendors

Type II

• MFVs who sell prepackaged TCS food that needs limited handling and preparation
• MFVs who sell TCS food that is prepared to order and served for immediate consumption
• MFVs whose processes include preparing, cold holding, thawing, and/or reheating commercially processed or packaged products
• Examples: Coffee trucks, snow cone vendors, hot dog vendors

Type III

• MFVs who prepare, cook, hold, and serve food from an FVV
• MFVs whose processes include hot holding, cold holding, thawing, cooking, cooling, or reheating
• Examples: Burger truck, BBQ truck, taco truck
• A new fee schedule has also been created according to MFV type.

How to apply

According to DHS, the application will become available in early June through Online Licensing Services.

Until July 1, 2026, MFVs must continue to follow all regulatory requirements of their current licensing jurisdiction.

After DSHS processes your application, you will be contacted to schedule a pre-licensing inspection.

What should MFVs do while waiting for a pre-licensing inspection?

There are two categories of applicants for the initial licensing and inspection plan starting in June.

Per DHS:

Category 1

If you have an existing mobile food unit or mobile food vendor license from a local health department in Texas, you can keep operating if you:

1. Provide proof of that license when you apply through DSHS
2. Submit the application and pay the fees
3. Print and keep the application summary on your food vending vehicle at all times

Category 2

If you do not have a current license anywhere in the state of Texas, you cannot operate until the pre-licensing inspection is completed. DSHS will prioritize your application.

What happens after the pre-licensing inspection is successfully completed?

You will be granted a DSHS MFV license that expires one year from the date of your successfully completed pre-licensing inspection.

To learn more about the fee schedule, pricing per category and application,click here.