1. (a) A mobile food vendor (MFV) must have a current MFV license from the department to operate as an MFV in Texas. An MFV must have a separate license for each food vending vehicle (FVV) operated by the MFV.
2. (b) An MFV license is valid for one year from the date of issuance and must be renewed annually. The license is non-transferable.

3. (c) Application requirements.

   1. (1) An MFV must apply for a license from the department using the form the department prescribes. The application must include:

      1. (A) the applicant's name, address, email address, and telephone number;
      2. (B) the name, address, email address, and telephone number for any associated entity or organization represented by the applicant, along with copies of documents showing proof of that relationship;
      3. (C) the primary residences and business addresses of the applicant for the 12 months before the application date;

      4. (D) the following documentation:

         1. (i) a description of the processes to be used in the operation (e.g., prepackaged, non-TCS foods only, cook-serve, cook-cool-reheat-serve, etc.); and
         2. (ii) a copy of the menu or a list of all food and beverage products to be prepared, sold, or served;
      5. (E) a statement regarding whether the applicant has ever been denied an MFV license, or had an MFV license suspended or revoked by any governmental entity, and the reason for any denial, suspension, or revocation;

      6. (F) the following for each motorized FVV for which the applicant is applying:

         1. (i) the vehicle: license number, description, identification number, and registration;
         2. (ii) proof of vehicle insurance;
         3. (iii) proof of vehicle weight as issued by Texas Department of Transportation; and
         4. (iv) a copy or proof of any additional commercial vehicle licenses or permits required by this state; and
      7. (G) a list of the locations at which the vendor intends to operate, to the best of the vendor's knowledge. The MFV may provide the department with a list of locations by providing a link to the MFV's social media page or website. If the vendor does not provide the list of operating locations on a social media page or website, the MFV shall submit the list of operating locations to the department in the form and manner the department prescribes.
   2. (2) The applicant must provide a notarized written statement that all information provided under paragraph (1) of this subsection is true and correct.
   3. (3) The applicant may submit one application for all FVVs that require licensing under this subchapter. A separate licensing fee is required for each FVV.
   4. (4) If an applicant does not submit a complete and accurate application, the license may be denied or delayed.
   5. (5) Intentional submission of false information or omission of requested information on an application may result in denial, delay, or revocation of a license.

4. (d) Before a license is issued, each proposed FVV must be inspected by the regulatory authority. The inspection must confirm that:

   1. (1) each FVV is safe for preparation, handling, and selling food; and
   2. (2) each vendor complies with all applicable laws and rules.

5. (e) An applicant must pay fees for each FVV:

   1. (1) a non-refundable application fee, as follows:

      1. (A) $300 for each Type I MFV;
      2. (B) $600 for each Type II MFV; and
      3. (C) $850 for each Type III MFV;

   2. (2) a pre-licensing health inspection fee, as follows:

      1. (A) $400 for each Type II MFV; and
      2. (B) $500 for each Type III MFV;

   3. (3) an inspection fee for health inspections, as follows:

      1. (A) $400 for each Type II MFV; and
      2. (B) $500 for each Type III MFV; and

   4. (4) an inspection fee for compliance inspections and complaint investigations, as follows:

      1. (A) $300 for each Type I MFV;
      2. (B) $400 for each Type II MFV; and
      3. (C) $500 for each Type III MFV.
6. (f) A fee for randomized health inspections of Type II and Type III MFVs, per subsection (e)(3) of this section, must be paid at the time of initial or renewal application.
7. (g) Fees for complaint investigations and compliance inspections to determine corrective actions must be paid by the MFV at the time of the MFV's next license renewal application.
8. (h) If there are changes in the operation that require a licensing amendment as outlined in this chapter, an amendment fee is required. The amendment fee is half of the initial license application fee.
9. (i) For all initial and renewal license applications submitted through Texas.gov, the department is authorized to collect fees in amounts determined by the Texas Department of Information Resources to recover costs associated with using Texas.gov.
10. (j) A person filing a renewal license application after the expiration date must pay an additional $100 as a late fee. The license holder must submit a renewal application and license fees before the expiration date of the license.

11. (k) Renewal, transferability, and substitution of vehicle.

    1. (1) MFV licenses must be renewed on an annual basis, within 12 months of the date of issuance.
    2. (2) To renew a license, the MFV must submit a renewal application and all required fees, as outlined in subsections (c), (e), (f), and (g) of this section, to the department before the current license expires. A pre-licensing inspection and related fee is not required for a renewal application unless the application includes a change of category or the FVV has been replaced.
    3. (3) An MFV license issued under this subchapter cannot be transferred to another person or business. Only the person or business named on the license is permitted to operate as the MFV.
    4. (4) When an FVV is replaced with another vehicle, the license holder must provide the department all information required by subsection (c)(1)(F) of this section for a motorized vehicle. The replacement vehicle must be inspected as stated in subsection (d) of this section.
    5. (5) Any person receiving MFV business assets must apply for a new MFV license before operating as an MFV. This includes situations such as change of ownership of an FVV, change of ownership of an MFV, or acquisition of a new FVV.

Source Note:The provisions of this §226.4 adopted to be effective May 19, 2026, 51 TexReg 3374.