Austin, TX • Food Truck

How to Get a Food Truck Permit in Austin, TX (2026 Guide)

Last updated: April 2026 • ~12 min read

Opening a food truck in Austin in 2026 means navigating a regulatory landscape that's about to change dramatically. Texas HB 2844 — the Food Truck Freedom Bill — takes effect July 1, 2026, replacing city-level permits with a statewide DSHS license. This guide walks you through the complete permit process for both the current system and the new one.

⚠️ If you're applying after July 1, 2026
The process changes. Skip to HB 2844: The New Statewide Food Truck License.

The full list of permits and licenses you need

Permit / LicenseCostIssuerRenewal
Federal EINFreeIRSNever
TX Business Entity Registration$300TX Secretary of StateAnnual report
TX Sales Tax PermitFreeTX ComptrollerOngoing
Food Handler Certificate$4-8 per personDSHS-accredited providersEvery 2 years
Certified Food Manager$35-80ANSI-CFP provider (e.g., ServSafe)Every 5 years
APH Mobile Food Vendor Permit$309Austin Public HealthAnnual
Austin Fire Department Inspection$222Austin Fire DepartmentAnnual
Central Preparation Facility (commissary) Agreement$200-500/moThird-party commissaryOngoing
Right-of-Way Permit (if using public streets)VariesAustin Transportation DeptPer-event

Minimum upfront cost: roughly $600 in permits + commissary deposit.

Step 1: Form your business entity (Week 1)

Most food truck operators form an LLC for liability protection. File with the Texas Secretary of State ($300). Then get your federal EIN at irs.gov (free, instant).

With your EIN in hand, register for a Texas Sales Tax Permit at comptroller.texas.gov — it's free and usually issued within 1-2 weeks.

Step 2: Get your Food Handler + Food Manager certs (Week 1)

Every employee handling food needs a Texas Food Handler Certificate ($4-8 online, valid 2 years). Beyond that, at least one person in your operation must be a Certified Food Manager — that's an ANSI-CFP accredited exam (~$35-80 through ServSafe or similar).

💡 Austin-specific requirement
If you operate within Austin city limits, your CFM certificate must be registered with Austin Public Health, not just with the state. Do this before applying for the mobile vendor permit.

Step 3: Secure a commissary (Weeks 1-2)

You cannot get a Mobile Food Vendor Permit in Austin without a notarized Central Preparation Facility (CPF) agreement. The commissary must provide:

Common Austin commissaries: PREP ATX, Capital Kitchens, and various shared commercial kitchens. Expect $200-500/month depending on included amenities and access hours.

You also need a separate restroom facility agreement if you'll operate for more than 2 hours at a single location.

Step 4: Apply for the Mobile Food Vendor Permit (Weeks 2-3)

Apply through the Austin Public Health portal. You'll need:

  1. Business entity documentation (LLC formation)
  2. Food Manager Certificate registered with APH
  3. Notarized commissary agreement
  4. Vehicle specifications and photos
  5. Menu
  6. Wastewater disposal plan
  7. $309 fee
⚠️ Do NOT drive your food truck to APH without an appointment
Their guidance is explicit: "Do NOT bring in your mobile vending unit without an appointment." They'll turn you away. Schedule your inspection appointment in advance.

Location restrictions you need to know

Step 5: Fire Department inspection

All mobile food units with propane or electric appliances producing smoke/grease-laden vapors need an Austin Fire Department inspection ($222 standard, $592 for on-site). This has been mandatory since October 2023.

HB 2844: The New Statewide Food Truck License (effective July 1, 2026)

Texas HB 2844 replaces city-by-city permitting with a single statewide DSHS license. One license, valid in every Texas city. This is the biggest change to food truck regulation in Texas history.

The three license tiers

TierWhat You Can CookApplication FeePre-License InspectionAnnual Renewal Inspection
Type IPrepackaged, non-TCS foods (chips, bottled drinks)$300
Type IILimited cook-to-order (burgers, tacos, hot dogs)$600$400$400
Type IIIComplex multi-step prep (cooking, holding, cooling, reheating)$850$500$500

What HB 2844 eliminates

What HB 2844 does NOT eliminate

A new wrinkle: the 7-day location itinerary

Under HB 2844, operators must submit a list of planned locations with dates and times to DSHS at least 7 days in advance. Plan ahead or risk violations.

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Related guides

This is not legal advice. Verify all requirements with the official sources linked throughout before acting. Regulations change; this page was last verified in April 2026.