How to Get a Food Truck Permit in Texas

Who issues food truck permits in Texas

Since July 1, 2026, anyone who operates as a mobile food vendor in Texas must hold a license from the Texas Department of State Health Services (DSHS). The change comes from House Bill 2844, passed by the Texas Legislature on May 26, 2025, which added Chapter 437B to the Health and Safety Code. The detailed rules are in 25 Texas Administrative Code Chapter 226. Before July 2026, vendors needed a separate license from each local health department where they operated.

One DSHS license is valid anywhere in Texas, and each food vending vehicle needs its own license. DSHS handles licensing and enforcement. In June 2026 DSHS said most inspections would be carried out through agreements with local jurisdictions, and its list page says an inspector from a partner local agency may be asked to do your inspection when a state inspector is not available. As of Aug. 17, 2026, the DSHS list includes Austin Public Health, the Houston Health Department, the City of San Antonio, Harris County Public Health, Dallas County Health and Human Services and Tarrant County, among others.

Local rules have not gone away. DSHS tells local health departments that vendors must still follow state and local laws such as fire codes, location restrictions and zoning codes, and that a local authority cannot prohibit a vendor who holds a DSHS license and complies with those laws. Questions go to DSHS at MobileFoodVendor@dshs.texas.gov or 512-406-2644.

• A food vending vehicle is a food truck, trailer, catering truck, roadside vendor or pushcart that is designed to be readily movable. A stand or a booth is not a food vending vehicle.
• A mobile food vendor is anyone who dispenses food or drinks from a food vending vehicle for immediate service or consumption.

License types and state fees

DSHS assigns each vendor a license type based on how food is prepared on the vehicle. Both the application fee and the pre-licensing inspection fee are due when you apply, and application fees include a Texas Online fee. The amounts below are as listed on DSHS on 2026-10-03.

• Type I: the DSHS Mobile Food Vendors page says Type I covers vendors who do not sell any foods that need time and temperature control for safety (TCS) or whom DSHS otherwise deems low risk. Examples: prepackaged ice cream and prepackaged non-TCS snack vendors. The DSHS Mobile Food Vendor Guide describes Type I more broadly, as prepackaged food including TCS foods that are not vacuum sealed, so confirm your type with DSHS before you apply. Application fee $309, no pre-licensing inspection fee.
• Type II: prepackaged TCS food needing limited handling, TCS food prepared to order for immediate consumption, or cold holding, thawing and reheating commercially processed products. Examples: coffee trucks, snow cone vendors, hot dog vendors. Application fee $618 plus a $400 pre-licensing inspection fee.
• Type III: vendors who prepare, cook, hold and serve food on the vehicle, including hot holding, cooking, cooling and reheating. Examples: burger, BBQ and taco trucks. Application fee $876 plus a $500 pre-licensing inspection fee.
• Other fees that may apply: routine inspection $400 (Type II) or $500 (Type III); complaint or compliance inspection $300 (Type I), $400 (Type II) or $500 (Type III).

Business registration and sales tax

The Texas Secretary of State says a sole proprietorship needs no formal state filing. If you trade under a name other than your own surname, file an assumed name certificate (DBA) with the county clerk where you keep a business premise. If you have no business premise, the Secretary of State says to file it in every county where you do business under that name, which matters for a vehicle that moves between counties. LLCs, corporations and limited partnerships are created by filing a certificate of formation with the Secretary of State. The Secretary of State suggests choosing a structure with an attorney and accountant.

You need a sales and use tax permit from the Texas Comptroller if you sell taxable items in Texas. The Comptroller says there is no fee for the permit, but a security bond may be required. You can apply online through the Comptroller's eSystems and should allow 2 to 3 weeks to receive the permit. You will need Social Security or federal ID numbers for the owners and a NAICS code. The Comptroller's restaurant guidance says ready-to-eat food is typically taxable even when sold to go.

As listed by the Comptroller on 2026-10-03, the state sales tax rate is 6.25 percent and cities, counties and other local jurisdictions can add up to 2 percent, for a maximum combined rate of 8.25 percent. The Comptroller tells you by letter whether you file monthly or quarterly, and you must file a return even when you had no sales.

Commissary, servicing area and vehicle requirements

DSHS calls a commissary a central preparation facility (CPF). A food vending vehicle must operate from a CPF or other fixed food establishment and report there for supplies, cleaning and servicing, unless the inspector grants an exemption using the DSHS CPF/Commissary Exemption Checklist. To qualify for the exemption, the vehicle itself must have enough cooling, heating, hot and cold holding and food storage capacity, warewashing compartments large enough for its biggest equipment, water from an approved source, legal wastewater disposal with records, and records of loaded vehicle weight issued by TxDOT.

A servicing area is where the vehicle fills its potable water tank and empties wastewater, grease and cooking waste. You keep a log of the date and time of each service. A private residence cannot be used as a CPF or a servicing area. If you do not own the CPF or servicing area, DSHS requires a signed letter of authorization, and if a CPF is required you keep its most recent inspection report on the vehicle.

The DSHS Mobile Food Vendor Guide lists the main vehicle requirements. Food trucks and trailers must be enclosed and protected from pests; pushcarts need overhead protection and roadside vendors do not need to be enclosed. DSHS also publishes separate guidance on minimum requirements for BBQ pits.

• Readily movable at all times: wheels attached and in good repair, no permanent utility connections, no skirting, not on blocks.
• Potable water tank permanently installed, labeled, with an inlet of 3/4 inch or less.
• Wastewater tank at least 15 percent larger than the potable water tank, labeled, sloped to drain and fitted with a shut-off valve.
• A handwashing sink plus a three-compartment sink large enough for the largest utensil, with hot and cold water under pressure (roadside vendors do not need sinks).
• Equipment that keeps cold TCS food at 41°F or below and hot TCS food at 135°F or above.
• Single-service articles only for customers. No restroom is needed on the vehicle, but employees must have access to toilets during all operating hours.

Documents and the pre-licensing inspection

DSHS does not describe a separate plan review step on its mobile food vendor page or in its guide. You apply online through DSHS Online Licensing Services (linked from the DSHS Mobile Food Vendors page), pay the fees, and DSHS contacts you to schedule a pre-licensing inspection. Houston, for example, stopped accepting mobile food unit plan review applications as of May 15, 2026.

The vehicle must be able to travel to the inspection location and must work at the inspection without plugging into electricity or water, including sinks, refrigeration and wastewater. A new vendor without an existing Texas license cannot operate until the pre-licensing inspection is passed; DSHS says it prioritizes these inspections.

A certified food manager is needed when TCS food is handled openly. DSHS says many food service employees must also complete an accredited food handler course within 30 days of getting a job.

• Driver's license or CDL
• Employee health policy
• Proof of insurance and TxDOT information, including records of loaded vehicle weight
• Menu of all food items to be sold
• Food allergen poster
• Itinerary
• Food manager and food handler certificates, as required by your operation
• Central preparation facility authorization and its most recent inspection, and servicing area authorization, if required

Fire and propane inspections

Fire safety is handled locally. DSHS says licensed vendors must still comply with local fire codes, location restrictions and zoning, and the Houston Health Department says state law requires fire inspections to be done locally. The rules depend on the city or county and on your equipment. Check with the fire department or fire marshal for each place you plan to sell before you buy or build a truck.

• Austin: Austin Fire Department permits mobile food vendors with propane or any appliance that produces grease-laden vapors. The inspection fee is $222 and the permit is annual, as listed on Austin Fire Department on 2026-10-03. New permits need a Class 1 hood with automatic fire suppression, a 2A10BC and a Class K extinguisher, an explosive-gas detector, a propane inspection report from a licensed LPG plumber and an electrical inspection by a master electrician. Propane carried on the vehicle may not exceed 200 pounds. Outside city limits but inside Travis County, the Travis County Fire Marshal handles fire permits.
• Houston: only food trucks that use LP-gas must get and renew an annual L1 Fire Marshal approval, but all trucks are subject to inspection. The Houston Fire Marshal's Office requires a 3A:40BC fire extinguisher on every truck, a Type 1 hood and kitchen suppression system when cooking produces grease-laden vapors (with an exception for certain listed electric appliances), a Class K extinguisher for deep frying, and clearances of 10 feet from buildings and 25 feet from other trucks that use LP-gas.
• San Antonio: the city says a fire inspection is required if the vehicle operates with a propane tank, generator, or gas, charcoal or wood-burning grill, and that the fire inspection must be repeated yearly. DSHS does not list a fire inspection among its own pre-licensing documents, so schedule it with the San Antonio Fire Department and confirm what it covers.

Local rules in Houston, San Antonio, Austin and Fort Worth

Each city below now sends vendors to DSHS for the health license. What remains local is fire safety, where you can park and sell, and servicing.

• Houston: City of Houston mobile food unit permits and medallions are no longer valid. After applying to DSHS, you contact the Houston Health Department to schedule your inspection, which the city carries out on behalf of the state. Within city limits, only approved and permitted servicing areas may provide potable water and liquid waste disposal, fats, oils and grease must go to a city-licensed facility, and inspectors ask for a restroom letter from a business within 500 meters of where you operate.
• San Antonio: the city's own mobile vending inspections ended June 30, 2026. Vendors need a special permit to operate in the Downtown Business District and permission from Parks and Recreation to operate in a city park. The city also requires vendors to stay 50 feet from intersections and 300 feet from the property line of any school from one hour before until one hour after school, to park on a paved surface, and not to vend from residential property.
• Austin: Austin Public Health has handed mobile food vendor licensing to DSHS and is on the DSHS list of local inspection agencies. Fire permits come from Austin Fire Department inside city limits and from the Travis County Fire Marshal elsewhere in Travis County.
• Fort Worth: the city's Consumer Health page says vendors operating in Fort Worth must get their permit from DSHS, not from the City of Fort Worth. Contact Consumer Health at 817-392-7255 for local questions.

Renewals and ongoing inspections

The DSHS license expires one year from the date of your successfully completed pre-licensing inspection. DSHS also lists routine inspection fees and complaint or compliance inspection fees that may apply during the year. For the renewal amount and timing, check the DSHS Mobile Food Vendors page or contact DSHS before your license expires.

Local fire permits renew on their own schedules. Austin Fire Department issues an annual permit, and the Houston Fire Marshal's Office says it emails operators when the L1 renewal is due. Your sales tax permit stays valid while you are actively selling, but you must file every sales tax return on time; as listed by the Comptroller on 2026-10-03, a $50 penalty is assessed on each report filed after the due date.

Before you buy a truck: checklist

Tanks, sinks, hoods and propane systems are hard to change after you buy a unit. Check these points against the DSHS guide and the fire rules of your target cities before you pay for a truck or trailer.

• Write your menu first. It decides your DSHS license type (I, II or III), your fees and the equipment you need.
• Compare the vehicle with the DSHS Food Vending Vehicle Inspection Checklist: tank sizes, wastewater tank 15 percent larger than the water tank, handwashing and three-compartment sinks, hot and cold water under pressure.
• Make sure the unit can run without hookups and stays readily movable, with no skirting, blocks or permanent connections.
• Ask for records of loaded vehicle weight issued by TxDOT and confirm you can insure the vehicle.
• Check the fire setup for each city you plan to serve: hood and suppression system, Class K extinguisher, propane cylinder size and mounting, gas detector and electrical wiring.
• Line up a central preparation facility and servicing area that is not a private home, or confirm you can meet the DSHS commissary exemption checklist.
• Plan for a certified food manager if you will handle TCS food, and food handler training for staff.