Rules

Sec. 437B.004. RULES. The executive commissioner may adopt rules to implement this chapter. The rules must be narrowly tailored to address a demonstrable health or safety risk and may not: (1) limit the number of mobile food vendor licenses the department may issue; (2) address the hours of operation for mobile food vendors; (3) restrict a mobile food vendor's propane capacity below the capacity state law allows for commercial vehicles; or (4) require a mobile food vendor to: (A) operate outside a specific perimeter of a commercial establishment or restaurant; (B) enter into any agreement with a commercial establishment or restaurant, except as necessary to properly dispose of grease and other cooking waste; (C) have an operational handwashing sink in the vehicle of a vendor who sells only prepackaged food; (D) associate with a commissary if the vehicle carries the equipment necessary to comply with state law and properly disposes of grease and other cooking waste; (E) provide the vendor's fingerprints as a condition of holding a mobile food vendor license; (F) install a global positioning system tracking device on the vehicle; (G) keep the vehicle in constant motion except when serving customers; (H) submit to an additional fire inspection a vehicle the vendor demonstrates has passed a state or local fire inspection within the preceding 12 months; or (I) submit to health inspections other than an inspection the department, or a local authority under a collaborative agreement, conducts unless the department is investigating a reported foodborne illness. Added by Acts 2025, 89th Leg., R.S., Ch. 744 (H.B. 2844), Sec. 2, eff. September 1, 2025. SUBCHAPTER B. LICENSE