TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228. RETAIL FOOD ESTABLISHMENTS
SUBCHAPTER
H.
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the repeal of §228.221 concerning Mobile Food Units.
Section 228.221 is adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2584). The repeal will not be republished.
BACKGROUND AND JUSTIFICATION
The repeal is necessary to remove an outdated rule related to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts. House Bill (HB) 2844, 89th Legislature, Regular Session, 2025, created Texas Health and Safety Code (HSC) Chapter 437B, concerning Mobile Food Vendors (MFVs). HB 2844 made significant changes to how MFVs are regulated, licensed, and inspected in Texas. New rules were proposed in Texas Administrative Code (TAC) Title 25, Chapter 226, concerning Mobile Food Vendors. The new rules were published in the May 15, 2026, issue of the Texas Register (51 TexReg 3374) and became effective May 19, 2026.
COMMENTS
The 14-day comment period ended on May 8, 2026.
DSHS did not receive any comments regarding the proposed repeal.
STATUTORY AUTHORITY
The repeal is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Health and Safety Code (HSC) §1001.075, which authorizes the executive commissioner of HHSC to adopt rules and policies for the operation and provision of health and human services by DSHS and for the administration of HSC Chapter 1001, and HSC Chapters 437 and 437B.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 15, 2026.
TRD-202602059
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: June 4, 2026
Proposal publication date: April 24, 2026
For further information, please call: (512) 834-6753
CHAPTER 229. FOOD AND DRUG
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts amendments to §229.372, concerning Permitting Fees and Procedures, and §229.472, concerning Inspection Fees and Procedures.
Sections 229.372 and 229.472 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2585). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to remove references to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts in 25 Texas Administrative Code (TAC) Chapter 229, Subchapters U and Z as part of the implementation of House Bill (HB) 2844, 89th Legislature, Regular Session, 2025. HB 2844 added Texas Health and Safety Code (HSC) Chapter 437B, concerning mobile food vendors and made significant changes to how mobile food vendors are regulated, licensed, and inspected in Texas. DSHS proposed new rules in 25 TAC Chapter 226, concerning Mobile Food Vendors. The new rules were published in the May 15, 2026, issue of the Texas Register (51 TexReg 3374) and became effective May 19, 2026. The adoption complies with statutory requirements of HB 2844 regarding licensing and fees and refers to the changes in the proposed new Chapter 226. The adoption also updates references in rules.
COMMENTS
The 14-day comment period ended May 8, 2026. DSHS did not receive any comments regarding the proposed rules.
SUBCHAPTER
U.
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, HSC §1001.075, which authorizes the executive commissioner of HHSC to adopt rules and policies for the operation and provision of health and human services by DSHS and for the administration of HSC Chapter 1001, and HSC Chapters 437 and 437B.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 15, 2026.
TRD-202602057
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: June 4, 2026
Proposal publication date: April 24, 2026
For further information, please call: (512) 834-6753
SUBCHAPTER
Z.
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, HSC §1001.075, which authorizes the executive commissioner of HHSC to adopt rules and policies for the operation and provision of health and human services by DSHS and for the administration of HSC Chapter 1001, and HSC Chapters 437 and 437B.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 15, 2026.
TRD-202602058
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: June 4, 2026
Proposal publication date: April 24, 2026
For further information, please call: (512) 834-6753