PRIA Logo™
TexasHB 284489th Legislature Regular SessionHouse

Relating to the regulation of food service establishments, including retail food stores and mobile food vendors; requiring an occupational license; imposing fees; authorizing an administrative penalty.

Sponsored By: Lois Kolkhorst (Republican), Brooks Landgraf, Richard Peña Raymond

Signed by Governor

Business & Commerce--Small Business & Minority BusinessElectronic Information SystemsHealth--GeneralOccupational Regulation--Other Trades & ProfessionsMOBILE FOOD VENDOR REGULATORY CONSISTENCY ACTFOODRESTAURANTSADMINISTRATIVE HEARINGS, STATE OFFICE OFHEALTH & HUMAN SERVICES COMMISSIONSTATE HEALTH SERVICES, DEPARTMENT OF

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

9 provisions identified: 2 benefits, 2 costs, 5 mixed.

Mobile vendors gain protection against restrictions

Beginning September 1, 2025, implementing rules must narrowly address proven health or safety risks. They cannot cap license numbers, set operating hours, lower lawful propane limits, require fingerprints or GPS devices, or require constant movement. They also cannot impose restaurant buffer zones or exclusive operating agreements, or require fixed handwashing sinks for prepackaged-only vendors. Vendors with required equipment and proper grease and cooking-waste disposal cannot be forced to use a commissary. The law bars extra fire inspections beyond applicable law and health inspections outside the authorized system, except during foodborne illness investigations. Beginning July 1, 2026, local authorities cannot ban licensed vendors that follow applicable state and nonconflicting local laws. State limits reach existing and future local policies, but local authorities need not create or change vendor programs or sign inspection agreements.

Mobile vendors face penalties and hearings

Beginning July 1, 2026, state or local officials may investigate health or safety complaints or reasonably suspected violations. Vendors must cooperate or risk suspension or loss of their license; local authorities report suspected state-law violations and may recommend discipline. The state records complaints, and its public vendor database includes inspection results and complaints leading to corrective or disciplinary action. License denial, suspension, or revocation is limited to listed grounds, including violations, fraud, materially relevant facts, or three citations within 12 months unless excused. Operating after suspension or revocation brings an administrative penalty whose amount the state sets. For an imminent health and safety threat, the state can suspend a license without a prior hearing and must state the suspension's length. Holders have 14 days after notice to request a preliminary emergency hearing; applicants and holders also have 14 days to request a hearing after proposed denial or suspension. Contested cases go through the State Office of Administrative Hearings.

Mobile vendors need yearly state licenses

Beginning July 1, 2026, mobile food vendors need a separate state license for each food vending vehicle. Applications require business details, addresses from the past 12 months, planned foods, and prior license denials or discipline. Each motorized vehicle also needs the required vehicle, insurance, and permit documents; applicants must attest that their answers are true. Applicants cannot intentionally give false answers or omit requested information, and incomplete applications may be denied. The state or an authorized partner must inspect each vehicle within 14 days after receiving a complete application. The state must issue a license once application, fee, licensing, and inspection requirements are met. Licenses expire after one year, but vendors can keep operating while a renewal filed before expiration is pending.

Qualifying food businesses avoid local fees

Beginning July 1, 2026, qualifying small food businesses and their employees avoid separate local permits and permit fees. The business must be established by a farmer or food producer and have annual gross revenue below $1.5 million. It must hold the relevant state permit or a qualifying state food manufacturer license. The protection covers food service, retail food establishments, temporary food establishments, and retail food stores.

Mobile vendors face risk-based health inspections

Beginning July 1, 2026, the state must arrange ongoing random inspections based on vendor class and past inspection results. Type I covers prepackaged or other low-risk service; Type II covers limited food handling; Type III covers vehicle-based food preparation and cooking. State rules define which foods and drinks each class may serve. Vendors must notify the state before adding offerings that may change their class; officials may inspect and reclassify them. Local authorities can request inspection agreements, and the state must repay their inspection costs from health inspection fees.

Mobile vendors must show safety credentials

Beginning July 1, 2026, mobile vendors must display their license and health inspection certificate where the public can see them. They must pass required inspections, hold required food-safety and food-manager certifications, and follow applicable fire, location, and zoning rules. Local rules apply only when they do not conflict with the state mobile-vendor law. Vendors must share their planned operating locations, to the best of their knowledge, online or through the state's submission process. Drivers need a current commercial driver's license only when their vehicle's class requires one under Texas law.

State permits cover locally unregulated food businesses

Beginning July 1, 2026, covered food businesses need a state permit in areas without county or public health district permits or inspections. This covers food service establishments, retail food stores, and temporary food service establishments. Mobile food units leave this permit category and instead fall under the separate mobile-vendor licensing system.

Mobile vendors pay fees with refunds

Beginning July 1, 2026, the state may charge mobile vendors cost-based application, license, renewal, and pre-license inspection fees. At issuance or renewal, vendors must pay for required inspections: average inspection cost times yearly inspections required for their class. The law does not set dollar amounts; collected fees go to the state's food and drug retail fee account. Vendors can request a refund for the fee portion covering a required inspection not performed while their license was valid. The state must pay that refund within 30 days after receiving the request.

Vendor licenses stay when vehicles change

Beginning July 1, 2026, replacing a food vending vehicle does not cancel the holder's license or require a new one. The holder must provide required replacement-vehicle information, and inspection is due as soon as practical, within 14 calendar days. That deadline starts when the state receives the required information. Licenses cannot transfer to another person; anyone receiving the business assets must get a new license before operating.

Sponsors & Cosponsors

Sponsors

  • Lois Kolkhorst

    Republican • Senate

  • Brooks Landgraf

    House

  • Richard Peña Raymond

    House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 388 • No: 85

House vote • 5/29/2025

Record vote

Yes: 102 • No: 36

Senate vote • 5/26/2025

Record vote

Yes: 29 • No: 2

Senate vote • 5/26/2025

Record vote

Yes: 29 • No: 2

House vote • 5/16/2025

Record vote

Yes: 86 • No: 31

House vote • 5/15/2025

Record vote

Yes: 123 • No: 12

House vote • Unknown

Committee vote: State Affairs

Yes: 11 • No: 2

Senate vote • Unknown

Committee vote: Health & Human Services

Yes: 8 • No: 0

Actions Timeline

  1. See remarks for effective date

    6/20/2025House

  2. Signed by the Governor

    6/20/2025House

  3. Sent to the Governor

    6/1/2025House

  4. Signed in the Senate

    6/1/2025Senate

  5. Signed in the House

    5/31/2025House

  6. Reported enrolled

    5/30/2025House

  7. House concurs in Senate amendment(s)-reported

    5/29/2025Senate

  8. Text of Senate Amendment(s)

    5/29/2025House

  9. Statement(s) of vote recorded in Journal

    5/29/2025House

  10. Record vote (RV#4056)

    5/29/2025House

  11. House concurs in Senate amendment(s)

    5/29/2025House

  12. Senate Amendments Analysis distributed

    5/28/2025House

  13. Senate Amendments distributed

    5/28/2025House

  14. Senate passage as amended reported

    5/26/2025House

  15. Record vote

    5/26/2025Senate

  16. Passed

    5/26/2025Senate

  17. Read 3rd time

    5/26/2025Senate

  18. Record vote

    5/26/2025Senate

  19. Three day rule suspended

    5/26/2025Senate

  20. Vote recorded in Journal

    5/26/2025Senate

  21. Passed to 3rd reading as amended

    5/26/2025Senate

  22. Vote recorded in Journal

    5/26/2025Senate

  23. Amended

    5/26/2025Senate

  24. Amendment(s) offered (FA1 Kolkhorst)

    5/26/2025Senate

  25. Vote recorded in Journal

    5/26/2025Senate

Bill Text

Related Bills

Back to State Legislation