Paleta and Ice Cream Cart Permits in Texas: The 2026 Statewide License Explained
If you sell paletas or ice cream from a cart in Texas, the rules changed this year. Since July 1, 2026, mobile food vendors, pushcarts included, are licensed by the Texas Department of State Health Services (DSHS) instead of by each city or county. This guide explains what changed, which license a paleta cart needs, what it costs and how to apply, with notes for vendors in Houston.
What changed
The Texas Legislature passed House Bill 2844 on May 26, 2025, and the new system started on July 1, 2026:
- Before: you needed a permit from the health department of each city or county where you sold. In Houston, that was the City’s Mobile Food Unit permit.
- Now: you apply once to DSHS for a mobile food vendor license, and it’s valid statewide.
- How long it lasts: the license expires one year from the date of your pre-licensing inspection.
- Who inspects: local health departments can carry out inspections for the state. In Houston, the City of Houston Health Department inspects on the state’s behalf.
DSHS names ice cream vendors among the mobile food vendors covered, and its definition of a food vending vehicle includes pushcarts.
Which license type does a paleta cart need?
DSHS sorts vendors into three types based on the food they sell:
| License type | Who it’s for | Application fee | Pre-licensing fee |
|---|---|---|---|
| Type I | Vendors who don’t sell food that needs time or temperature control for safety, such as prepackaged ice cream and snacks | $309 | None |
| Type II | Vendors of prepackaged food that needs time or temperature control, or items prepared to order, such as snow cones or coffee | $618 | $400 |
| Type III | Vendors who prepare, cook, hold and serve food | $876 | $500 |
Type II and Type III licenses also have routine inspection fees of $400 and $500.
For most paleta carts: if you sell wrapped paletas and ice cream bars from a licensed maker, DSHS’s own example of prepackaged ice cream points to Type I. If you scoop ice cream, or prepare treats to order, expect Type II. Confirm your type with DSHS when you apply. It depends on exactly what you sell.
How to apply, step by step
- Write down exactly what you’ll sell. Your menu decides your license type.
- Apply online through DSHS’s Online Licensing Services, and pay the application fee (plus the pre-licensing fee for Type II or III).
- Pass the pre-licensing inspection. After DSHS processes your application, you’ll be contacted to schedule it. The license is issued only after this inspection.
- Keep your license with your cart while you sell.
- Renew every year. The license expires one year after your inspection date.
Already had a local permit? DSHS asks existing vendors to show proof of their current local license when they apply, and to keep the printed application summary on their vehicle during the changeover.
Notes for Houston vendors
The City of Houston Health Department now inspects mobile food vendors for the state. You can schedule an inspection through the City or by calling 832-393-5100. The City’s mobile food unit page also lists documents such as a menu disclosure form, a list of the locations where you’ll operate, a property letter, and a restroom letter from a business within 500 meters of where you sell. Ask the Health Department which of these apply to a cart like yours.
Other things you may need
- A Texas sales and use tax permit from the Comptroller. It’s free.
- Permission to sell where you set up. Private property needs the owner’s OK, and parks, schools and events have their own rules and fees.
- Paletas from an approved source. Buy from licensed makers and distributors, or make them in a kitchen your health department approves.
- Liability insurance. Many events and venues ask to see it.
Frequently asked questions
Is the Texas license good in every city?
Yes. The DSHS mobile food vendor license is valid statewide. Local rules about where you can park and sell still apply.
How much does a paleta cart license cost in Texas?
For a Type I vendor selling prepackaged ice cream, the application fee is $309, with no pre-licensing fee. Type II costs $618 plus a $400 pre-licensing fee.
How long is the license valid?
One year from the date of your pre-licensing inspection.
Where do I apply?
Online through DSHS. Start from the DSHS mobile food vendors page.
This guide summarizes public information from the Texas Department of State Health Services and the City of Houston Health Department as of September 2026. It isn’t legal advice, and rules change, so confirm the details with DSHS before you apply.
Getting ready to sell? Read how to start a paleta cart business, or browse our paleta carts. They need no electricity and hold up to 400 paletas.
