AUSTIN, Texas—Yesterday, State Rep. Brian Harrison filed HB 2683, a bill that would cut red tape and give Texas food truck operators greater freedom to operate and serve their customers. The Institute for Justice (IJ), a national leader in advocating for the economic liberties of all Americans through legislation and litigation, announces their strong support. 

HB 2683 would provide food truck operators with the option of obtaining a single permit to operate statewide, rather than the existing patchwork of red tape that forces food trucks to secure a local permit every time they enter a new city or county. Rather than obtaining permits in city after city, a single statewide permit and safety certification would be created at the state level. Food truck operators who meet the requirements for the simplified statewide permit will be able to earn a living serving customers in multiple cities or municipalities, without needing to apply for a new license each time. Streamlining the application and compliance process will also prevent duplicate fees for permitting, which can prove financially burdensome to even starting a food truck business and allow operators to spend more of their time actually working instead of trying to figure out paperwork in city after city.  

What’s more, HB 2683 would prohibit cities from enacting anti-competitive restrictions that have historically, and unconstitutionally, targeted food truck vendors. It would bar cities from using proximity restrictions to fence out food trucks from areas with restaurants and prohibit cities from forcing food trucks to obtain permission from their brick-and-mortar competitors before becoming eligible to compete for customers, and other anti-competitive efforts that local governments have used to stifle food trucks. The legislation is a response to several attempts at depriving food truck entrepreneurs from earning an honest living in Texas over the past decade, including in San Antonio, El Paso, and the Rio Grande Valley  

Lifting burdensome regulations on food trucks and their ability to serve customers can have an outsized positive impact for those without a college education or advanced degrees. Food trucks and general food service is one of the job areas where small business owners without access to large amounts of capital can enter the marketplace. Food trucks can often be the first step on the ladder for people who want to enter the food industry, or start their own business and achieve the American dream.  

“Food truck owners deserve freedom, and I’m proud to file HB 2683 to slash the red tape that increases prices and decreases liberty,” said Representative Brian Harrison. “Texas should not be in the business of picking winners and losers in business, and local governments should not get to decide who can compete in the free market. I’m fighting for small businesses owners and employees, who shouldn’t have to beg local governments for permission to earn a living.” 

“The right to earn a living and provide for one’s family is a core constitutional right,” said IJ Legislative Counsel Samuel Hooper. “This bill protects that right by ensuring honest competition when it comes to food trucks, which provide a valuable service for Texans across the state. The Institute for Justice and food truck owners and customers across Texas support this bill.” 

In cities across the country, mobile food vendors have transformed the way Americans eat and work. Food trucks provide entrepreneurs a lower-cost, accessible alternative to a traditional brick-and-mortar restaurant while offering consumers incredible and affordable variety, often in previous “food deserts” where dining options were limited or nonexistent. But despite these important contributions to local communities, food truck entrepreneurs face some of the worst examples of economic protectionism. 

Texas in particular is well known for celebrating the diversity and quality of their food truck scene with estimates ranking the Lone Star State second in the nation for the breadth of food truck options. But barriers persist, and entrepreneurs have been locked out of serving a growing demand from customers in cities across the state. IJ’s National Street Vending Initiative is a nationwide effort to vindicate the right of street vendors to earn an honest living.  

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To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager, at [email protected] or (850) 376-4110. More information on the subject is available at: https://ij.org/report/barriers-to-business/business/foodtruck/