What cities and counties can still require
The state license comes first
- Chapter 437B preempts local power to prohibit or regulate mobile food vendors in ways that conflict with it (HSC 437B.003).
- A local authority can't stop a licensed vendor from operating if the vendor complies with other state and local laws that don't conflict (HSC 437B.051(b)).
But local law still applies
You must follow all state and local laws where you operate, including fire codes, location restrictions and zoning codes (HSC 437B.101). Check with the city or county fire marshal and the planning or zoning office for each place you park.
What the state rules can't require
DSHS rules must be narrowly tailored to a real health or safety risk, and may not:
- cap the number of licenses, or set your hours
- limit propane below what state law allows for commercial vehicles
- make you stay a set distance from restaurants or sign agreements with them (except for grease and waste disposal)
- require a handwashing sink if you only sell prepackaged food
- require a commissary if your vehicle has the equipment and you dispose of grease properly
- require fingerprints, a GPS tracker, or constant motion between customers
- require another fire inspection if you've passed a state or local one in the past 12 months
- require health inspections beyond DSHS's (or a collaborative-agreement partner's), except in a foodborne illness investigation
HSC 437B.004. This list limits the state's rules; how it applies to a specific local ordinance is a legal question. Ask the city, DSHS, or a lawyer.
Drivers
The driver needs a CDL if the vehicle class requires one (HSC 437B.102).
Texas Food Truck License Kit: printable checklists for the DSHS application and pre-licensing inspection, a servicing log, an itinerary template and a renewal calendar, all built from the official DSHS documents.
Coming soon Until then, everything in it is free from DSHS: the Mobile Food Vendor Guide and application how-to.
Official sources for this page (checked October 22, 2026; rules can change, so confirm with DSHS before you pay or apply):