HomeMy WebLinkAboutOrd 2026-5037_repealing regulations for mobile food vendorsORDINANCE NO. 2026-5037
AN ORDINANCE REPEALING REGULATIONS APPLICABLE TO MOBILE FOOD
VENDORS AS CODIFIED IN CHAPTER 22 "BUSINESSES" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS; CONTAINING A REPEALING
CLAUSE AND A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, H.B. 2844, also known as the "Food Truck Freedom Bill", establishes a single, statewide
licensing and regulatory framework for mobile food vendors and provides permit exemptions for
small-scale food businesses; and
WHEREAS, H.B. 2844 preempts a local authority's power to prohibit or regulate a licensed mobile
food vendor in a manner that conflicts with state law; and
WHEREAS, H.B. 2844 becomes effective on July 1, 2026; and
WHEREAS, the City of La Porte currently regulates mobile food vendors under ordinances codified
in Chapter 22 of the Code of Ordinances by requiring operators to obtain a permit and to comply with
sanitation, location, inspection and other standards; and
WHEREAS, the City of La Porte has determined that repeal of regulations applicable to mobile food
vendors as codified in Chapter 22 of the Code of Ordinances is necessary due to the passage of H.B.
2844.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1: That the definition of "Food Establishment" in Section 22-33 "Definitions", of Chapter
22 "Businesses", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows"
Food establishment means each place where food or drink is manufactured, packaged, produced,
processed, transported, stored, sold, commercially prepared, or otherwise handled, whether offered
for sale, given in exchange or given away for use as food or furnished for human consumption.
The term includes food service establishments, food processing establishments, retail food stores,
temporary food establishments, and roadside vendors. The term does not apply to private homes
where food is prepared or served for guest and individual family consumption. The term does not
apply to a place where a commercially packaged single portion of non -potentially hazardous snack
items and wrapped candy are sold over the counter.
Section 2. That Section 22-58 "Mobile Food Vendors", of Chapter 22 "Businesses", of the Code of
Ordinances of the City of La Porte, Texas, is hereby repealed in its entirety.
Section 3. All ordinances or parts of ordinances in conflict herewith, including specifically Ord. No.
2024-4023, Ord. No. 2025-4038 and Ord. No. 2025-4050, are hereby repealed.
Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision hereof
shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law preceding
this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the 13th day of APRIL 2026.
CITY OF LA PO
Bv:
Rick Helton, Mayor
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APPROVED AS TO FORM:
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Clark T. Askins, City Attorney
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