The bill would require the Department of State Health Services (DSHS) to issue licenses for a person to operate as a mobile food vendor in the state. A separate mobile food vending license would be required for each food vending vehicle operated by a mobile food vendor.
The bill would require DSHS to prescribe a written application for a mobile food vending license which would be made available to the applicant in person and on the agency's website.
The bill would require DSHS, or a governmental entity acting under a collaborative agreement, to conduct a health inspection of each of the applicant's food vending vehicles listed on the application ensuring that an applicant's food vending vehicle is safe for preparing, handling, and selling food; and the applicant is in compliance with all applicable laws and rules.
The bill would authorize DSHS to issue a mobile food vending license to an applicant who submits a complete application, pays any required fees, meets licensing requirements, and whose food vendor vehicle passes a health inspection.
The bill would authorize DSHS to charge a fee for each license application submitted and each license issued or renewed in amounts that are reasonable but not more than $150. DSHS would be authorized to charge a fee for a health inspection that covers the cost of conducting a health inspection.
The bill would require DSHS to develop a guide on mobile food vending licensing procedures and establish and maintain a statewide database for the use by DSHS and local authorities.
The bill would require mobile vendors to comply with all state and local laws in the jurisdiction in which the mobile food vendor operates, outlines where a mobile food vendor may operate, and describes operational standards and food safety certification requirements.
The bill would establish classifications and criteria of mobile food vendors for purposes of conducting health inspections and allows for collaborative agreements with local authorities for conducting health inspections.
The bill provides how local authorities may and may not regulate license holders.
The bill would allow DSHS or a local authority to conduct investigations of a mobile food vendor on suspicion the mobile food vendor is violating the law or on receipt of a health or safety complaint.
The bill would authorize DSHS to deny a license if the applicant or license holder fails to meet certain criteria.
The bill would require DSHS to hold a hearing if requested by an applicant or license holder whose application has been denied, suspended, or revoked. The bill explains procedures regarding the right to appeal.
The bill allows for an administrative penalty determined by DSHS against a license holder who continues to operate after DSHS suspends or revokes the license holder's license.
The bill would make conforming changes by removing mobile food units from certain existing laws.
The bill would require the Health and Human Services Commission (HHSC) to adopt rules no later than May 1, 2026.
The bill would not require a mobile food vendor to hold a license under the bill until July 1, 2026.
Except for rulemaking activities, the bill would take effect on July 1, 2026.