A new Texas law aims to free food trucks from a maze of city-by-city permits. And while operators of San Antonio’s mobile kitchens are generally positive about the pending change, some worry the promised savings could be swallowed by lingering local rules.
On July 1, House Bill 2844 will go into effect across Texas. Known as the Mobile Food Vendor Regulatory Consistency Act, the recently passed legislation will allow food truck owners to apply for a statewide license annually from the Department of State Health Services, theoretically enabling them to operate their business in any Texas city.
Previously, operators of mobile kitchens had to apply for a vendor permit in every city where they wanted to operate throughout Texas — potentially resulting in hundreds or even thousands of dollars in extra fees. Now, they’ll only need one statewide permit for each food truck they own.
San Antonio chef Javi C. Gutierrez of Buddy’s Big Trouble and Porc Slap said the new law looks promising.
“Streamlining the process of paying for and acquiring necessary inspections and permits into a single, unified transaction would be significantly more efficient than our current experience,” Gutierrez said, noting that his renewal is “approaching in May.”
While Gutierrez’s truck has traveled to catering jobs across Travis, Hays, Adkins, Guadalupe, Comal, and Bexar counties, he’s also turned down some out-of-town events because he couldn’t justify the expense and hassle of obtaining a one-off permit.
Gutierrez said he’s unsure whether the new process will mean cost savings for his businesses, but he remains optimistic.
Losing to licensing fees
State Rep. Brooks Landgraf, the bill’s author, told the Texas Tribune he was inspired to craft the legislation after food truck vendors in his district reported they were losing money to city-by-city licensing fees.
“Even though the standards weren’t all that different in most cases, it was really just an additional fee that had to be paid for something that had already been done,” the Odessa Republican told the Tribune, elaborating that the new bill would still contain an element of “local control.”
It isn’t mandatory for cities and counties to assist in state health inspections for food truck operators. However, if they opt to partner with the state to work in tandem on inspections, they will be reimbursed.
“The bill that we passed last year … really only has to do with the health inspection permit authority,” he also told the Tribune.
Adam Bylicki, owner of San Antonio’s Masshole Lobster Roll, echoed Gutierrez’s positive view of the legislation’s potential.
“We’re excited for the new law to come into effect. It will save us money and time,” he said. “Most inspections are the exact same checklist, with different headers on the sheet representing which location you’re in.”
However, Bylicki one aspect of the legislation’s wording gives him pause — and he’s posed questions about it to city and county food inspectors.
“The new law doesn’t mention fire permits, according to the people I’ve spoken to,” he said. “If that’s the case and we still need fire permits for all the different locations, then it will be business-as-usual for the most part and typical political hot air. We’re waiting for clarification on how this will all shake out. Hopefully, it’s for the best and helps all of us food truck owners.”
More options?
Ricky Ortiz, owner of San Antonio’s El Camino Food Truck Park, said he hopes the new law will give local food truck operators more options when faced with construction projects that appear to drag on indefinitely. Over recent years, Alamo City small businesses along busy corridors such as Broadway and South Alamo Street have endured street construction that’s cut off access for customers and gone months over schedule.
“I think that the local government in San Antonio has proven time and time again that they’re incompetent when it comes to managing the local economy — whether it’s construction or even food truck operations,” Ortiz said. “The fact that there’s a license now issued statewide is going to help the food truck industry grow. It’s not going to be perfect, but I think it’s great for the food truck industry.”
Ortiz opened El Camino in 2021 in the River North district, and the site typically hosts seven to eight food trucks at a time.
“The only downside that I see is that I think the local government will take this opportunity to be more strict on code compliance and put more restrictions on where food trucks can and can’t operate,” he said. “… As restaurants and businesses continue to close because of bad construction management and poor city management, I think this will help give operators an opportunity to pivot and adapt to the new economic climate.”
Happy at home
Still, not every food truck operator in the Lone Star State is looking to expand its reach beyond its home market.
Roy “RJ” Baker and Michael Barrera-Pacheco of San Antonio Puerto Rican-fusion barbecue truck Bucán Rodeo said they applaud the rule change and understand what prompted it. However, they plan to remain strictly local — as will a number of other operators of mobile kitchens.
“We think the move toward a statewide permit is a great step overall,” Barrera-Pacheco said. “Food trucks are often the entry point into the restaurant industry, especially considering how difficult it is to open a brick-and-mortar. Giving owners like us more flexibility to move beyond city-by-city permitting helps create more opportunity and growth across the industry.”
While the pair plan to stay put in San Antonio, Barrera-Pacheco said he understands why it could be advantageous for other operators — especially given the way permitting and other costs can overwhelm startups and small businesses.
“RJ and I have been self-funded through this entire process, so we’ve felt how those layers of permits, fees, and regulations can add up,” he said. “For a lot of mom-and-pop operators, those costs can make it harder and harder just to stay afloat, let alone grow.”
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