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. (1) limit the number of mobile food vendor licenses the department may issue;
2. (2) address the hours of operation for mobile food vendors;
3. (3) restrict a mobile food vendor's propane capacity below the capacity state law allows for commercial vehicles; or

4. (4) require a mobile food vendor to:

   1. (A) operate outside a specific perimeter of a commercial establishment or restaurant;
   2. (B) enter into any agreement with a commercial establishment or restaurant, except as necessary to properly dispose of grease and other cooking waste;
   3. (C) have an operational handwashing sink in the vehicle of a vendor who sells only prepackaged food;
   4. (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;
   5. (E) provide the vendor's fingerprints as a condition of holding a mobile food vendor license;
   6. (F) install a global positioning system tracking device on the vehicle;
   7. (G) keep the vehicle in constant motion except when serving customers;
   8. (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
   9. (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.