How to Get a Food Truck Permit in Austin, TX (2026 Guide)
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.
The full list of permits and licenses you need
| Permit / License | Cost | Issuer | Renewal |
|---|---|---|---|
| Federal EIN | Free | IRS | Never |
| TX Business Entity Registration | $300 | TX Secretary of State | Annual report |
| TX Sales Tax Permit | Free | TX Comptroller | Ongoing |
| Food Handler Certificate | $4-8 per person | DSHS-accredited providers | Every 2 years |
| Certified Food Manager | $35-80 | ANSI-CFP provider (e.g., ServSafe) | Every 5 years |
| APH Mobile Food Vendor Permit | $309 | Austin Public Health | Annual |
| Austin Fire Department Inspection | $222 | Austin Fire Department | Annual |
| Central Preparation Facility (commissary) Agreement | $200-500/mo | Third-party commissary | Ongoing |
| Right-of-Way Permit (if using public streets) | Varies | Austin Transportation Dept | Per-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).
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:
- Food storage and refrigeration
- Potable water supply
- Wastewater disposal
- Grease disposal
- Equipment storage
- Ware-washing facilities
- Parking when not operating
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:
- Business entity documentation (LLC formation)
- Food Manager Certificate registered with APH
- Notarized commissary agreement
- Vehicle specifications and photos
- Menu
- Wastewater disposal plan
- $309 fee
Location restrictions you need to know
- 50 feet from brick-and-mortar restaurants (unless you have permission)
- 300 feet from schools during school hours
- Public right-of-way (streets, sidewalks) requires a separate permit from Austin Transportation
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
| Tier | What You Can Cook | Application Fee | Pre-License Inspection | Annual Renewal Inspection |
|---|---|---|---|---|
| Type I | Prepackaged, non-TCS foods (chips, bottled drinks) | $300 | — | — |
| Type II | Limited cook-to-order (burgers, tacos, hot dogs) | $600 | $400 | $400 |
| Type III | Complex multi-step prep (cooking, holding, cooling, reheating) | $850 | $500 | $500 |
What HB 2844 eliminates
- City-level mobile food vendor permits (APH's $309 permit goes away for trucks)
- The state-level commissary requirement is relaxed (though you'll still need operational facilities in practice)
- Duplicative fees across jurisdictions
What HB 2844 does NOT eliminate
- Local ordinances on parking, hours, noise, and zoning remain in full force
- Austin Fire Department inspections still apply
- Food Handler and Certified Food Manager requirements are unchanged
- Sales tax permits and business entity registration still required
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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- How to Open a Restaurant in Austin (Complete Permit Checklist)
- NYC Food Truck Permit: Cap, Waitlist, and How to Get One
- SF Restaurant Conditional Use Authorization
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.