Food Truck Permits & Licenses in San Antonio, Texas

Required for all food trucks operating in Austin. Includes health inspections. See Austin City Code Chapter 6-3.

Required for all LLCs to legally form and operate in Texas. No renewal required.

File with SOS if operating/interstate; county clerk if solely intrastate. Valid 10 years; renewal required before expiration.

Required for mobile food units (food trucks) preparing/selling unpackaged food. Includes plan review ($250 one-time fee). Effective fees as of 2023 fee schedule.

Issued by local health departments under DSHS rules (25 TAC Chapter 228). Food trucks classified as "Mobile Food Units.

At least one certified food manager on duty during operations. No state exam; approved training programs (e.g., ServSafe).

Required for all food-handling employees except certified managers. Online training accredited by DSHS.

Food trucks selling prepared food (taxable) or beverages require permit. Renews automatically unless cancelled.

Required if food truck uses commercial scales for customer transactions.

All food trucks selling taxable food and beverages must collect and remit Texas sales tax. The state sales tax rate is 6.25%, but total rate varies by location due to local add-on taxes. Registration is done through the Texas Comptroller’s website. Required even if operating under an LLC.

All Texas LLCs are subject to the franchise tax, even if no tax is owed. Most small businesses qualify for the 'no tax due' threshold if annualized revenue is under $2.47 million (2024 threshold). Filing is required annually using Form 05-153.

Required if the food truck hires employees. Employers must withhold Texas municipal income tax (if applicable) and remit federal taxes (separately to IRS). Texas does not have a state income tax, but local withholding may apply in rare cases. Registration covers reporting of wages and withholding.

Employers in Texas must register with TWC and pay unemployment insurance tax if they hire employees. Applies to all employers with at least one employee working 40 hours or more in a 20-week period. New employers pay standard rate until experience-rated.

Most Texas cities require a local business license or occupational tax receipt for food trucks. Fees and requirements vary significantly. Examples: Austin Mobile Food Vendor Permit, Dallas Food Truck Permit, Houston Health Department Permit. Check with city clerk or health department. Some cities also impose annual renewals.

Required for all LLCs with employees or those electing corporate taxation. Even single-member LLCs often obtain an EIN for banking and compliance. Apply online at IRS.gov. Not a tax itself, but prerequisite for tax filings.

Standard food truck operations (selling prepared food) are not subject to federal excise tax. Only applies if selling alcohol (subject to federal excise tax under TTB) or other regulated items. Most food trucks not subject unless selling alcohol.

Separate from sales tax. Required for any food truck selling alcoholic beverages. Must also collect and remit state excise tax on alcohol sales. Local city approval may also be required. Permits are non-transferable and require background checks.

Required if operating outside city limits in Travis County. Complies with Texas Health & Safety Code Ch. 437.

Austin City Code 8-1. Required for street vending food trucks.

IFC 2018 adopted by Austin; required for cooking appliances.

Dallas City Code Sec. 17-3. Includes plan review and inspections.

Required even with health permit for organized events.

Houston Code of Ordinances Ch. 6. Requires commissary agreement.

Separate from Houston city requirements.

San Antonio Code Sec. 14-2. Requires zoning approval.

Required outside SA city limits.

Fort Worth Code Sec. 7-71 et seq.

Joint city-county jurisdiction.

Texas does not mandate private employers to carry workers' comp, but if they do hire employees, they may choose to opt-in. However, public employers and contractors on public projects must carry it. Employers who do not carry coverage must file a 'Nonsubscribing Employer's Notice' with TDI. If coverage is elected, it is mandatory for all employees.

Not mandated by Texas state law for all businesses, but commonly required by municipalities (e.g., Austin, Houston, Dallas) for food trucks. Often required to obtain a mobile food vendor permit. Strongly recommended due to risk of customer injury.

All vehicles used in business, including food trucks, must carry minimum liability coverage: $30,000 bodily injury per person, $60,000 per accident, and $25,000 for property damage (30/60/25). Applies regardless of business structure.

Many Texas cities (e.g., Houston, Austin, San Antonio) require a surety bond as part of the mobile food vendor licensing process. For example, Austin requires a $1,000 bond. The bond ensures compliance with health, safety, and tax regulations. Not a state-level mandate.

Not mandated by Texas state law, but considered essential due to risk of foodborne illness or contamination claims. Often bundled with general liability. Strongly recommended for all food service businesses.

Mandatory for any food truck that obtains a TABC permit to sell alcohol. Required under TABC rules for all alcohol permit holders. Coverage must meet third-party liability standards. Food trucks without alcohol service are exempt.

While not an insurance per se, the permit process often requires proof of general liability or surety bond. Enforced by local health departments under state delegation. Required for all food trucks in Texas under the Texas Food Establishment Rules (25 TAC Chapter 229).

While not required for all single-member LLCs with no employees, most food trucks will need an EIN to open a business bank account or comply with state/local requirements. This is a federal requirement for tax administration.

Food truck owners must report all income and pay self-employment taxes (Social Security and Medicare) via Schedule SE. Multi-member LLCs must file Form 1065 and issue K-1s.

Employers must provide a safe workplace, report fatalities or hospitalizations within 8–24 hours, and maintain injury logs (Form 300) if over 10 employees. Most small food trucks may be exempt from routine recordkeeping but must still comply with safety standards.

While a food truck is a mobile facility, ADA still applies when it operates at fixed locations. The service counter must be accessible to wheelchair users (max height 36 inches), and menus must be available in accessible formats if requested. Parking and pathways to the truck must be accessible when operating at events or fixed sites.

Used cooking oil must be stored and disposed of properly to prevent environmental contamination. Spills over 1,000 gallons of oil may trigger federal reporting under CERCLA. Diesel-powered trucks must comply with EPA emissions standards for vehicles (enforced at manufacturing level, not operator level).

Food trucks must avoid deceptive advertising (e.g., false claims about ingredients, origin, or pricing). Must disclose if items are not made in-house or if "organic" claims are unsubstantiated. Applies to websites, social media, and signage.

All employers must complete Form I-9 to verify identity and work authorization for every employee. E-Verify is not federally required unless in a state with mandates or federal contractor.

Food truck employees must be paid at least federal minimum wage and overtime (1.5x regular rate) for hours over 40 in a workweek. Tip credits may apply for tipped employees if state allows.

While FDA does not directly license food trucks, it enforces the Food Code through state and local agencies. Requirements include proper food storage, handwashing, temperature control, and source approval. The FDA Bioterrorism Act requires registration of food facilities, but mobile vendors are generally exempt unless involved in processing/packing.

Most food trucks are considered "retail food establishments" and are exempt from FDA facility registration under 21 CFR 1.227. However, if the truck prepares food for other vendors or engages in large-scale production, registration may be required.

Federal permit required in addition to Texas Alcoholic Beverage Commission (TABC) license. Form TTB F 5630.54 must be submitted. Not required for incidental sales or if only reselling unopened containers.

Most food trucks using cell phones or unlicensed Wi-Fi do not need FCC licenses. However, if using business band radios (e.g., GMRS or commercial frequencies), a license may be required. GMRS requires individual license ($70, 10-year term).

Required for all Texas LLCs, regardless of activity or income. Must be filed even if no tax is owed. Due May 15 each year. If revenue exceeds $2.5 million, franchise tax applies.

Sales tax permit is issued for indefinite duration but requires ongoing compliance. Food trucks must collect and remit sales tax on all taxable sales. No formal renewal, but business must update information within 20 days of change (e.g., address, ownership).

Due dates depend on Comptroller assignment. Most food trucks file monthly or quarterly. First return due by the 20th day of the month following the reporting period. Example: January sales due by February 20.

Inspections ensure compliance with food safety, sanitation, and equipment standards. Conducted by local health departments. Frequency and fees vary by city or county (e.g., Austin, Houston, Dallas have different schedules).

Required in most major Texas cities. Permit must be renewed annually. Example: Austin requires renewal by January 1 each year. Inspection and proof of liability insurance often required at renewal.

Most cities require the current mobile food vendor permit to be visibly displayed on the truck. Failure to display may result in citations.

Employers must post DWC Form WCD-1, Notice to Employees, in a conspicuous place. Even if not required to carry workers' comp, the notice must be posted.

LLC taxed as S-corporation or partnership must file Form 1120-S or Form 1065 by March 15. Single-member LLC disregarded entity files with owner’s personal return (Form 1040, Schedule C).

Self-employed owners must make quarterly estimated tax payments if they expect to owe $1,000 or more in federal taxes. Due dates are April 15, June 15, September 15, and January 15.

Franchise tax is due only if revenue exceeds $2.5 million. No estimated payments required; full payment due May 15 with filing.

IRS requires business records (sales, expenses, tax returns, employment records) to be kept for at least 3 years. Employment tax records must be kept for 4 years. Recommended to keep 7 years for safety.

Required posters include Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), OSHA Workplace Safety, and EEO notices. Must be displayed in a conspicuous place accessible to employees.

Texas requires posting of the 'Texas Minimum Wage Act' notice and OSHA safety poster. Employers must display federal and state labor law posters in English and Spanish if employees are Spanish-speaking.

Some cities (e.g., Houston, Fort Worth) require annual fire safety inspections for mobile food units, especially those with propane or grease systems. Certificate must be renewed annually.

LLC must notify IRS of changes using Form 8822-B within 60 days. No annual filing required unless changes occur.