Texas food truck regulations are governed by the Texas Food Establishment Rules (TFER), Chapter 228 of the Texas Administrative Code, enforced by the Texas Department of State Health Services (DSHS) and local health departments. Texas is considered one of the more food truck-friendly states, with a statewide preemption law that prevents cities from banning mobile food vendors to protect competing restaurants. Here is what you need to know to operate a compliant food truck in Texas.
For the national overview, see our food truck regulations by state. For general food truck compliance, see our food truck compliance guide. For commissary-specific guidance, see our commissary requirements guide.
Texas food truck permits and licenses
Mobile food establishment permit
Your local health department issues this permit after reviewing your truck's plans and inspecting the vehicle. The process involves submitting a plan review application with your truck layout, equipment specifications, menu, water system details, and ventilation plans. After the health department approves your plans, they inspect the physical truck to verify it matches the submitted plans and meets TFER requirements.
Costs vary by jurisdiction. In Austin, expect $350 to $500 for the initial permit and annual renewal. Houston ranges from $300 to $400. Dallas is typically $250 to $400. Smaller Texas cities often charge less. The permit is valid for one year and must be renewed annually with a reinspection.
Texas sales tax permit
The Texas Comptroller of Public Accounts issues this permit at no cost. It authorizes you to collect and remit sales tax on food sales. In Texas, most prepared food sold by food trucks is subject to sales tax. You can apply online through the Texas Comptroller's website. This is a straightforward registration process that takes a few days.
Business license
Your city issues this license. Requirements and costs vary by municipality. Some Texas cities require a general business license, others require a specific mobile vendor license, and some require both. Contact your city's business licensing office for the specific requirements in your area.
Fire safety permit
Your local fire marshal issues this permit after inspecting your truck's fire suppression system, propane tank installation, and cooking equipment. Commercial cooking equipment with open flames or high-heat cooking requires a properly installed fire suppression system (typically an Ansul system under your hood). Propane tanks must be securely mounted, properly vented, and meet local fire code specifications.
Commissary agreement
Most Texas cities require food trucks to have a signed agreement with a licensed commissary kitchen. Your commissary is where you conduct food preparation that cannot be done on the truck, fill your potable water tanks, dispose of grey water, clean and sanitize equipment, and store food and supplies overnight. The commissary must be a licensed food establishment inspected by the health department. Your commissary agreement must be on file and available for inspector review. For details, see our commissary requirements guide.
Texas food handler requirements
Food handler cards
Texas Health and Safety Code Section 438 requires all food employees to obtain a food handler card from an accredited training provider within 60 days of employment. Cards are valid for 2 years. The cost is typically $7 to $15 through online providers. Texas accepts food handler training from any ANSI-accredited provider.
Marcus requires all new hires on his taco truck in Austin to complete food handler training during their first week, even though the state allows 60 days. His reasoning is practical: if an inspector arrives during that 60-day window and the employee does not have a card, it appears on the inspection report as a finding, even if the employee is technically still within the allowed timeframe.
Certified Food Manager
Texas requires at least one Certified Food Protection Manager per food establishment. This person must pass an accredited exam such as ServSafe, NRFSP, or Prometric. The certification is valid for 5 years. The cost is $150 to $300 including study materials and the proctored exam.
For solo food truck operators, this means you need both a food handler card (as a food employee) and a Certified Food Manager credential (as the Person in Charge). For a team, the owner or manager typically holds the CFPM credential. For the complete certification breakdown, see our food handler certification guide.
Texas Food Establishment Rules (TFER) highlights
The TFER, codified in Chapter 228 of the Texas Administrative Code, sets the food safety standards for all food establishments in Texas, including food trucks.
Temperature requirements
Texas follows the FDA Food Code temperature standards. Cold holding at or below 41°F. Hot holding at or above 135°F. Cooking temperatures: 165°F for poultry (15 seconds), 155°F for ground meats (15 seconds), 145°F for whole cuts, fish, and eggs (15 seconds). Reheating to 165°F within 2 hours for previously cooked food being returned to hot holding. For a complete temperature monitoring guide, see our temperature log guide.
Handwash requirements
Your food truck must have a handwash sink with hot and cold running water, soap, and single-use paper towels. The sink must be accessible (not blocked by equipment) and used exclusively for handwashing (not for food prep, dishwashing, or dumping waste water). Inspectors check handwash station functionality at every inspection.
Water supply
Your truck must have a potable water tank adequate for a full day's operations. The exact size depends on your menu and volume, but most health departments recommend a minimum of 40 gallons for a standard food truck. Your grey water (waste water) tank must be at least 15% larger than your fresh water tank. Both tanks must be made of food-grade materials and properly maintained.
Equipment standards
All food contact surfaces must be smooth, cleanable, non-absorbent, and free of cracks or damage. Equipment must be commercial-grade (NSF-certified or equivalent). Residential-grade equipment is not acceptable for a licensed food truck. This includes refrigerators, cooking equipment, prep tables, and sinks.
HACCP plans
Texas DSHS recommends HACCP plans for all food establishments and requires them for specialized processes (such as smoking, curing, or using reduced-oxygen packaging). Even where not strictly mandated for standard food truck operations, having a HACCP plan demonstrates "active managerial control" of food safety hazards. Inspectors look favorably on operators who can present a written food safety plan. For guidance, see our food truck HACCP plan guide.
Texas state preemption law
Texas House Bill 1926, effective September 2013, prevents cities and counties from adopting ordinances that restrict mobile food vendors from operating in a specific area solely because a competing restaurant is nearby. This preemption law makes Texas one of the more food truck-friendly states in the country.
Cities can still regulate food trucks through parking ordinances, zoning restrictions, health and safety standards, and permitting requirements. What they cannot do is create rules designed specifically to protect brick-and-mortar restaurants from food truck competition. This law has been significant for the growth of food truck culture in Texas cities like Austin, Houston, Dallas, and San Antonio.
Inspections in Texas
Health inspections for food trucks in Texas are conducted by local health departments. The frequency varies by jurisdiction. Austin inspects food trucks 1 to 2 times per year. Some cities inspect more frequently, especially for new operations or trucks with previous violations.
Inspections are typically unannounced. The inspector arrives at your truck during operating hours, identifies themselves, and begins the evaluation. They check food temperatures, handwashing capability, cross-contamination controls, cleaning and sanitization, food handler cards, your health permit, and your general food safety practices.
Texas uses different scoring systems depending on the jurisdiction. Some cities use numeric scores (starting at 100, deducting points per violation). Others use pass/fail. Critical violations must be corrected immediately during the inspection. Non-critical violations must be corrected within a specified timeframe (typically 10 to 30 days). For inspection preparation, see our food truck inspection checklist.
Getting started with a food truck in Texas
Here is the step-by-step process for launching a food truck in Texas.
1. Obtain your truck and have it built to code. Work with a food truck builder who understands Texas TFER requirements. The build must include commercial cooking equipment, a fire suppression system, proper ventilation, a potable water system, a grey water system, and a handwash sink.
2. Find a commissary. Locate a licensed commissary kitchen in your operating area. Sign a commissary agreement that specifies the services provided (food prep space, water fill, grey water disposal, equipment cleaning, storage).
3. Submit a plan review to your local health department. Provide your truck layout, equipment specifications, menu, water system details, and commissary agreement. The health department reviews your plans for compliance with TFER.
4. Pass the initial inspection. After plan approval, schedule your truck inspection. The inspector verifies that the physical truck matches the approved plans and meets all requirements.
5. Get your mobile food establishment permit. After passing inspection, your health department issues your permit. Display it visibly on your truck.
6. Get food handler cards and manager certification. Obtain your Certified Food Protection Manager certification and ensure all employees have food handler cards (within 60 days of hire, but sooner is better). For details, see our food handler card requirements by state.
7. Create your HACCP plan. Build a food safety plan specific to your menu, equipment, and Texas TFER requirements. PassMyKitchen generates this automatically based on your business details.
8. Start operating. Begin your daily compliance routine: temperature checks, cleaning logs, food safety monitoring. See our food truck compliance guide for the daily workflow.
How PassMyKitchen helps Texas food truck operators
PassMyKitchen generates your HACCP plan specifically for Texas TFER requirements. The AI uses Texas-specific critical limits, regulatory references, and monitoring procedures. Daily compliance tracking covers temperature logs, cleaning records, and corrective actions. Inspector mode presents your complete compliance package to Texas health department inspectors in one tap. Staff management tracks food handler card expiry dates (2-year validity in Texas) and CFPM certification.
Simplify your compliance with PassMyKitchen
Texas makes it relatively easy to start a food truck. PassMyKitchen makes it easy to stay compliant. Generate your HACCP plan for Texas requirements, track your daily compliance, and be inspection-ready every day you operate.
Start your free trial and get your Texas food truck compliance on track.
Frequently asked questions
How much does it cost to start a food truck in Texas?
Total startup costs for a Texas food truck typically range from $50,000 to $200,000, depending on whether you buy a new custom-built truck, a used truck, or retrofit an existing vehicle. Permit and licensing costs add $500 to $1,500 annually (health permit, business license, fire permit, sales tax permit). Commissary fees range from $300 to $1,000 per month depending on the city and services included. Food handler cards cost $7 to $15 per person. The CFPM certification costs $150 to $300.
Do I need a commissary in Texas?
Yes, in most Texas cities. Your commissary must be a licensed food establishment where you can do food prep, fill water tanks, dispose of grey water, clean equipment, and store supplies. Some jurisdictions allow self-contained food trucks to operate without a commissary if they can demonstrate that all required functions can be performed on the truck, but this is the exception, not the norm. Contact your local health department for the specific commissary requirements in your area.
Can I operate my food truck in multiple Texas cities with one permit?
No. Food truck permits are issued by local health departments and are valid only in the issuing jurisdiction. If you want to operate in Austin, Houston, and San Antonio, you need permits from each city's health department. Some cities offer temporary event permits for trucks permitted in other Texas jurisdictions, which can be useful for festivals and special events. The Texas state preemption law applies statewide, but permitting is still handled locally.
How often are food trucks inspected in Texas?
Inspection frequency varies by city. Austin typically inspects food trucks 1 to 2 times per year. Houston, Dallas, and San Antonio have similar frequencies. New operations may be inspected more frequently during their first year. Trucks with previous violations may receive additional follow-up inspections. All inspections are unannounced.
Does Texas require a HACCP plan for food trucks?
Texas DSHS requires HACCP plans for food establishments that conduct specialized processes (smoking, curing, reduced-oxygen packaging). For standard food truck operations, a HACCP plan is strongly recommended but not explicitly mandated in all cases. However, the TFER requires operators to demonstrate "active managerial control" of food safety hazards, which a HACCP plan directly supports. Most health department inspectors look favorably on food trucks that can present a written food safety plan. Having one helps you pass inspections and protects you legally. For help building yours, see our food truck HACCP plan guide and visit our Texas food trucks page.