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Council adopts ordinance aligning city code with state rules for mobile food vendors
Summary
Council adopted Ordinance No. 2026‑16 to update local code following state law changes: the Department of State Health Services will issue mobile food‑vending permits starting July 1, vendors may operate statewide on that permit, and cities cannot require vendors to register locally or maintain permanent, non‑movable setups.
On second reading the Tomball City Council adopted an ordinance (No. 2026‑16) that updates city code to align with recent changes in state law governing mobile food vendors.
City staff explained the ordinance primarily cleans up local code to conform to the state’s new framework. Staff told council that starting July 1 the Department of State Health Services will be the issuing authority for mobile food‑vending permits; once a vendor receives the state permit it can operate statewide. Staff told the council that, under the statute, cities cannot require mobile vendors to register locally — "absolutely not," staff said when asked whether a local registration requirement could be imposed — and vendors must remain readily movable and cannot establish permanent, non‑movable setups.
The ordinance preserves city authority over zoning, fire codes and location limitations that remain permissible under state law, and staff said the city will continue to enforce fire‑safety and zoning requirements where applicable. Council adopted the ordinance on second reading by a 5‑0 vote.
Attributions: legal and regulatory clarifications were provided by city legal/staff during the presentation; the vote reflected full council agreement to bring local code into compliance with state requirements.
