1. (a) Compliance with state and local laws. Mobile food vendors (MFVs) must comply with all state and local laws that do not conflict with this chapter or Texas Health and Safety Code (HSC) Chapter 437B. This includes fire codes, location rules, and zoning codes in the jurisdictions where the MFV operates.

2. (b) MFV provisions.

   1. (1) MFVs must adhere to Food Code §8-304.11, Responsibilities of the Permit Holder.

   2. (2) General. Except as otherwise provided in this paragraph and in paragraph (3) of this subsection, the regulatory authority may waive or change physical facility requirements in this section if a public health hazard is not likely to occur. The following requirements may not be waived:

      1. (A) paragraphs (8) - (10) of this subsection;
      2. (B) subsection (c)(3) of this section; and
      3. (C) Food Code Subparts 3-401, 3-402, 3-403, 3-404, and 3-501.

   3. (3) Restricted operation. An MFV that only serves food prepared and packaged in individual servings that is stored and transported on a food vending vehicle (FVV) as required by this chapter, is not required to comply with:

      1. (A) water and sewage system requirements; and
      2. (B) cleaning and sanitizing equipment and utensil requirements if cleaning and sanitizing equipment is available at the central preparation facility (CPF).

   4. (4) Readily movable.

      1. (A) There shall be no alteration, removal, attachments, additions, placement, or change in, under, around, or on the FVV that prevents or otherwise reduces mobility.

      2. (B) An FVV may connect to a utility only when filling the potable water tank, emptying the wastewater tank, or temporarily connecting to an electrical source. The vehicle must not be permanently or remain connected to:

         1. (i) a water supply hose during operation, except when filling the potable water tank;
         2. (ii) an external sewage or water disposal system during operation, except when emptying the wastewater tank;
         3. (iii) an external electrical source, if it is the only means for powering the FVV; or
         4. (iv) an external gas source, if it is the only means for operating the FVV.
      3. (C) The regulatory authority may require an MFV to move the FVV as often as required to a location designated by the regulatory authority to demonstrate the FVV is readily moveable. The FVV must be fully functional and free of any temporary utility connection, including electricity, water, and wastewater, at any location while operating or any location designated by the regulatory authority. An FVV must always be readily movable.
   5. (5) Single-service articles. An MFV must provide only single-service articles for use by the consumer.

   6. (6) Equipment, numbers, and capacities.

      1. (A) Cooling, heating, and holding capacities. Equipment used for cooling and heating food, and holding cold and hot food, must be sufficient in number and capacity to provide food temperatures as specified under the Food Code Chapter 3 - Food. If capacity is insufficient for a process on an FVV or a CPF, then that process may not occur on the FVV or a CPF.

      2. (B) Manual warewashing and sink compartment requirements.

         1. (i) A sink with at least three compartments must be available for manually washing, rinsing, and sanitizing equipment and utensils, as required by Food Code Paragraph 4-301.12(A).
         2. (ii) Sink compartments must be large enough to completely cover the largest equipment and utensils with water, as required by Food Code Paragraph 4-301.12(B).
      3. (C) Handwashing sinks. At least one handwashing sink must be present inside the FVV with employee access for easy use. The handwashing sink must have soap and drying devices, as required by Food Code §6-301.11 and §6-301.12. MFVs that only sell prepackaged food are not required to have an operational handwashing sink.
   7. (7) FVV water system requirements. The FVV water systems must meet all material, design, and operation requirements in Food Code Part 5-3.

   8. (8) The drinking water tank. The FVV drinking water tank must meet all requirements specified in Food Code §5-303.13.

      1. (A) A fill hose and water holding tank must be labeled as "Potable Water."
      2. (B) A holding tank must be tested for contamination by collecting a sample upon request by the regulatory authority.

   9. (9) Sewage and other liquid waste.

      1. (A) Liquid waste from operating an FVV must be stored in a retention tank that is permanently installed for holding waste.
      2. (B) A leak-proof sewage holding tank in an FVV must meet the requirements of Food Code §5-401.11 for capacity and drainage.
      3. (C) All connections on the vehicle that are used for servicing FVV waste disposal facilities must be a different size or type than the connections used for supplying potable water to the FVV. All connections must form a tight and complete seal.
      4. (D) Liquid waste must not be released from the retention tank while the FVV is moving.
      5. (E) A waste retention tank must be flushed in accordance with Food Code §5-402.15.
      6. (F) FVV waste must be removed in accordance with Food Code Part 5-4.
      7. (G) Liquid waste holding tanks must be labeled "Wastewater."
   10. (10) FVV water and wastewater exemption. Roadside vendors that only sell prepackaged food do not have to comply with the water and wastewater requirements in this chapter.
   11. (11) Toilet room requirements. Toilet rooms must be conveniently located and accessible to employees at all times during operations.
   12. (12) Specialized processes. Specialized processing methods, as outlined in Food Code §3-502.11 and §3-502.12, may be conducted by an MFV on an FVV, if necessary and sufficient equipment is provided to safely carry out those processes. These processes must be conducted at a CPF if equipment is not sufficient in number and capacity.

3. (c) Central preparation facility (CPF).

   1. (1) Supplies, cleaning, and servicing operations. Unless all conditions listed in paragraph (3) of this subsection are met, an MFV and FVV must operate from a CPF or another fixed food establishment. An MFV and FVV must report to this location as required by the regulatory authority for supplies, cleaning, and servicing operations.
   2. (2) Construction. The CPF or other fixed food establishment that serves as the base of operation for an MFV must meet construction and operation standards in accordance with Food Code Chapter 6 - Physical Facilities.

   3. (3) CPF exemption. An MFV and FVV may operate without a CPF or commissary if all requirements of this paragraph are met. Each requirement must be checked during inspection. Requirements include the following.

      1. (A) Equipment for cooling and heating food, and holding cold and hot food, must be sufficient in number and capacity on the FVV to provide food temperatures as specified in Food Code Chapter 3 - Food.
      2. (B) All food stored on the FVV must be kept in a way that prevents cross contamination and contamination from other sources as described in Food Code Chapter 3 - Food.
      3. (C) Food equipment, utensils, and single-service articles must be stored on the FVV in a way that prevents contamination. Storage practices must comply with requirements in Food Code Chapter 3 - Food and Chapter 4 - Equipment, Utensils, and Linens.
      4. (D) FVV warewashing compartments must be large enough to completely cover the largest equipment and utensils with water, as required by Food Code Paragraph 4-301.12(B).
      5. (E) Potable water for the FVV must come from an approved source as outlined in Chapter 228, Subchapter E of this title (relating to Water, Plumbing, and Waste) and Food Code Part 5-1. Potable water cannot be taken from an untested water well or from a private residence.
      6. (F) Sewage and other liquid waste must be removed from the FVV at a facility approved for waste servicing or by a sewage transport vehicle. Removal of waste must not cause a risk to public health or create a nuisance as defined by state or local law, regulation, or ordinance.
      7. (G) The MFV and FVV must keep records that include the physical address and letters of authorization, if needed, for approved sources of potable water and disposal locations for wastewater. The MFV must always keep the records available for review on the FVV, and the records must be applicable to the current licensing cycle and locations of operation.
      8. (H) The MFV must keep records that show proof of loaded vehicle weight as issued by Texas Department of Transportation.

4. (d) Outdoor servicing area and operations, if used.

   1. (1) Protection.

      1. (A) An FVV servicing area must provide overhead protection for any supplying, cleaning, or servicing activity. Overhead protection is not required for areas only used for loading water or discharging sewage and other liquid waste through a closed hose system.
      2. (B) The location for flushing and draining liquid waste in the servicing area must be separate from the area used for potable water servicing and from the area used for loading and unloading food and related supplies.
      3. (C) A servicing area is not required when only prepackaged food is held and dispensed by the MFV or when the FVV does not have waste retention tanks.
      4. (D) The servicing area's surface must be made of smooth, nonabsorbent material, such as concrete or machine-laid asphalt. The servicing area's surface must remain in good condition, always clean, and be graded to drain.
      5. (E) Potable water servicing equipment must be installed in the servicing area as required by the Plumbing Code, as defined in §228.2 of this title (relating to Definitions). The equipment must be stored and handled in a way that keeps both the water and the equipment from becoming contaminated.
   2. (2) Construction exemption. Walls and ceilings in the servicing area do not have to meet the requirements in Food Code §6-201.11.

Source Note:The provisions of this §226.6 adopted to be effective May 19, 2026, 51 TexReg 3374.