Title HS, Health and Safety Code

Sec. 437B.051. LICENSE REQUIRED. (a) A person may not operate as a mobile food vendor in this state unless the person holds a mobile food vendor's license issued by the department. A separate license is required for each food vending vehicle a mobile food vendor operates. (b) A l…

Sec. 437B.052. FORM OF APPLICATION. The department shall prescribe a written application for a mobile food vendor license. The department shall make the application available to applicants in person and on the department's Internet website. Added by Acts 2025, 89th Leg., R.S., Ch…

Sec. 437B.053. APPLICATION REQUIREMENTS. (a) An applicant for a mobile food vendor license must submit an application to the department on the form the department prescribes. The application must contain: (1) the applicant's name, address, and telephone number; (2) the name, addr…

Sec. 437B.054. HEALTH INSPECTION. (a) Not later than the 14th day after the date the department receives a complete mobile food vendor license application, the department or a governmental entity acting under a collaborative agreement as provided by Subchapter D shall conduct a h…

Sec. 437B.055. ISSUANCE OF LICENSE. (a) The department shall issue a mobile food vendor license to an applicant who submits a complete application, pays any required fee, and meets the department's licensing requirements and whose food vending vehicle passes a health inspection. …

Sec. 437B.056. LICENSE RENEWAL. (a) Before expiration of a license, the department shall send notice of the expiration to the mobile food vendor. The vendor shall submit a renewal application before the date the license expires. (b) A mobile food vendor may continue to operate wh…

Sec. 437B.057. LICENSE NOT TRANSFERABLE; SUBSTITUTION OF VEHICLE. (a) A mobile food vendor license issued under this subchapter is not transferable and does not authorize the activities of any person other than the person who holds the license. (b) The sale of one food vending ve…

Sec. 437B.058. FEES. (a) The department may charge a fee for each mobile food vendor license application submitted and each license issued or renewed under this chapter. The department may establish a schedule of fees based on the license classifications described by Section 437B…

Sec. 437B.059. MOBILE FOOD VENDOR GUIDE. (a) The department shall develop a guide on the mobile food vendor licensing procedures. The guide must include: (1) instructions for obtaining, maintaining, and renewing a mobile food vendor license; and (2) a description of the departmen…

Sec. 437B.060. DEPARTMENT DATABASE. (a) The department shall establish and maintain a statewide database for use by the department and local authorities that includes the: (1) names of mobile food vendors licensed under this chapter; (2) results of health inspections of mobile fo…

Sec. 437B.101. COMPLIANCE WITH STATE AND LOCAL LAW. A mobile food vendor shall comply with all state and local laws in the jurisdiction in which the mobile food vendor operates, including all fire codes, location restrictions, and zoning codes. Added by Acts 2025, 89th Leg., R.S.…

Sec. 437B.102. FOOD VENDING VEHICLE DRIVER REQUIREMENTS. A person who drives a motorized food vending vehicle must hold a current commercial driver's license if a commercial driver's license is required for the vehicle's class under Chapter 522, Transportation Code. Added by Acts…

Sec. 437B.103. OPERATIONAL STANDARDS. A mobile food vendor shall: (1) submit to and pass any required health inspection conducted under Subchapter D; and (2) display the mobile food vendor license and health inspection certificate in a conspicuous location for public view. Added …

Sec. 437B.104. FOOD SAFETY. A mobile food vendor shall comply with all laws and rules regarding food safety, including any food safety and food manager certifications required under Chapter 438. Added by Acts 2025, 89th Leg., R.S., Ch. 744 (H.B. 2844), Sec. 2, eff. July 1, 2026. …

Sec. 437B.151. MOBILE FOOD VENDOR CLASSIFICATIONS. (a) The executive commissioner by rule shall establish classifications of mobile food vendors for purposes of conducting health inspections as follows: (1) mobile food type I vendor for a vendor who dispenses prepackaged foods, d…

Sec. 437B.152. CHANGING CLASSIFICATIONS. A mobile food vendor who seeks to serve food or beverages that may require the vendor's reclassification shall notify the department of the nature of the food or beverages to be sold. The department, or a local authority in a collaborative…

Sec. 437B.153. INSPECTIONS; COLLABORATIVE AGREEMENT WITH LOCAL AUTHORITY. (a) To protect public health and safety, the department shall ensure ongoing, randomized inspections are conducted on each mobile food vendor based on the mobile food vendor's classification and previous he…

Sec. 437B.154. NOTICE OF LOCATION FOR INSPECTIONS. A mobile food vendor shall make available to the department a list of all locations at which the vendor intends to operate, to the best of the vendor's knowledge. A vendor may provide the list of locations through the vendor's so…

Sec. 437B.155. REIMBURSEMENT OF INSPECTION FEE. On request of a mobile food vendor, the department shall reimburse the vendor the portion of the fee charged for each health inspection required under this subchapter that was not conducted by the department or local authority under…

Sec. 437B.201. INVESTIGATION. (a) The department or a local authority may investigate a mobile food vendor on reasonable suspicion the vendor is violating the law or on receipt of a health or safety complaint. The department must record a complaint in the state's mobile food vend…

Sec. 437B.202. LICENSE DENIAL, SUSPENSION, OR REVOCATION. The department may deny, suspend, or revoke a mobile food vendor license only if: (1) the applicant or license holder: (A) violates this chapter, a rule adopted under this chapter, or a department order; (B) obtains a lice…

Sec. 437B.203. NOTICE AND HEARING. (a) The department shall provide written notice to an applicant or license holder that the applicant's mobile food vendor application has been denied or that the license may be suspended or revoked. Not later than 14 calendar days after the date…

Sec. 437B.204. EMERGENCY SUSPENSION. (a) The department may issue an emergency order to suspend a mobile food vendor license if the department has reasonable cause to believe a license holder's operations pose an imminent threat to the public's health and safety. An emergency sus…

Sec. 437B.2045. RIGHT TO APPEAL. The department's suspension or revocation of a mobile food vendor license under this chapter and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code. Added by Acts 2025, 89th …

Sec. 437B.205. ADMINISTRATIVE PENALTY. A license holder who continues to operate after the department suspends or revokes the license holder's mobile food vendor license is subject to an administrative penalty in an amount the department determines. Added by Acts 2025, 89th Leg.,…