1. (a) Purpose. The purpose of this chapter is to implement Texas Health and Safety Code (HSC) Chapter 437B, Mobile Food Vendors (MFVs).
2. (b) Local preemption. A local authority may not adopt a rule or enforce requirements that conflict with this chapter.

3. (c) Applicability of other statutes, rules, and regulations.

   1. (1) MFVs must comply with all relevant laws and rules applicable to the preparation, holding, and service of food products in, and from food vending vehicles (FVV), including:

      1. (A) Texas HSC Chapter 431 (Texas Food, Drug, and Cosmetic Act);
      2. (B) Texas HSC Chapter 437 (Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors);
      3. (C) Texas HSC Chapter 437B (Mobile Food Vendors);
      4. (D) Chapter 228 of this title (relating to Retail Food Establishments); and
      5. (E) the United States Food and Drug Administration (FDA) 2022 Food Code (Food Code).
   2. (2) MFVs must comply with all laws, ordinances, or orders passed by a municipality, county, or public health district in which the MFV operates, as long as the laws, ordinances, and orders do not conflict with Texas HSC Chapter 437B.

Source Note:The provisions of this §226.1 adopted to be effective May 19, 2026, 51 TexReg 3374.