Council Tables Food Truck Action Due to New State Law
The Olney City Council has tabled any immediate changes to its food truck regulations following a wide-ranging discussion at its June 23 meeting about the potential impact of a new state law that will take effect next year.
The Council hit pause on proposed changes to local regulations to balance the economic opportunity food trucks bring with the risk they pose to established restaurants—in light of a sweeping new state law that may soon limit the city’s control.
City Administrator Simon Dwyer alerted the council that House Bill 2844—nicknamed the “Food Truck Freedom Bill”—was signed into law by Gov. Greg Abbott just days earlier, after the meeting agenda had been posted. The new law sets in motion a statewide permitting system that will override many local ordinances beginning July 1, 2026.
“It looks as though the state will then be essentially taking that over under a sort of statewide program that I would liken to registration in a vehicle,” Mr. Dwyer told council members. “They’re kind of taking it away from the municipalities.”
Under the new law, food trucks will be able to operate anywhere in Texas with a single state-issued permit. Cities will no longer be able to require separate local licenses or charge permit fees. Mr. Dwyer noted that while some of the details remain vague— the law gives state agencies until May 2026 to adopt final rules—the overall intent is clear.
City Attorney Bill Myers expressed concern about the city enacting short-term regulations that could soon be nullified. “It would appear to me that the city could not do something in the interim and have it grandfathered in because they’re gonna preempt you,” Mr. Myers said. “So whatever you might do would be good for a year.”
Currently, Olney charges food trucks a $100 annual permit fee, in line with some neighboring cities. Dwyer said Graham charges $258, while Iowa Park’s fee is lower at $75. Albany is comparable to Olney at $100.
Despite the temporary window to act, Council members leaned toward waiting.
“I think if we chose to do restrictions, we would want to do more thinking before we pass anything,” said Councilmember Thea Sullivan.
Mayor Rue Rogers agreed, saying any changes would need to be thoughtful and well-balanced. “You want people coming to town. So you don’t want to deter it, but you also don’t want to penalize the people that have invested in the community.”
Local restaurant owners were also present to weigh in. Barry Hodges, owner of Big Luv’s BBQ, originally raised the issue with the council during a prior citizen comment period. But after receiving what he described as “a tremendous amount of negative reports” from the community, he stepped back from pushing for immediate action.
“I’ll be honest with you guys. It’s not worth me even bringing this to the council to do this for the amount of negativity that I’ve gotten,” Mr. Hodges said. “So whatever the state wants to do, I don’t want to put the city through a bunch of extra paperwork... that was not the purpose of me bringing this to the house.”
Jackie Voyles, owner of Old Time Café and a board member of the Olney Economic Development Corporation, raised a financial concern: “Do they pay their sales tax to the city of Olney on their food? Is that taxable? Are those taxes coming to Olney?”
Mr. Dwyer said he would follow up with the Texas Comptroller’s
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