HB2012

Regular Session

Relating to regulation by certain counties of roadside or parking lot vendors and solicitors.

ModeratePlan for compliance

Low Cost

Effective:2025-06-20

Enforcing Agencies

Montgomery County Commissioners Court (Regulatory Authority) • Montgomery County Sheriff's Office and Constables (Enforcement)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline: Upon adoption of the County Order. While the enabling statute is active now, enforcement begins only after the Commissioners Court votes to adopt specific regulations.
Agency Rulemaking: The Montgomery County Commissioners Court must draft and pass an Order to operationalize this law. We are currently in a "regulatory gray zone"—the County has the power, but the specific rules (fees, hours, forms) are not yet published. Expect a 30-60 day window before the Order is finalized.

Immediate Action Plan

1. Map Your Assets: Identify which of your properties or vendor locations fall within unincorporated Montgomery County (outside Conroe, The Woodlands, etc.).
2. Audit Vendors: Contact all current third-party vendors on these sites and notify them that a new County permit requirement is imminent.
3. Monitor the Docket: Assign a staff member to check the Montgomery County Commissioners Court agenda weekly for the proposed "Vendor and Solicitor Order."
4. Update Insurance: Verify that your General Liability policy covers "parking lot operations" and that vendors have named your entity as an Additional Insured.

Operational Changes Required

Contracts

Lease & License Amendments: Review all agreements with food trucks, pop-up vendors, or seasonal merchants operating on your unincorporated properties. Insert a "Compliance with Law" clause specifically citing Texas Transportation Code § 285.001.
Indemnification: Strengthen indemnification clauses. If a vendor is fined or causes a site closure due to non-compliance with the new County Order, the vendor must be contractually liable for your legal costs and penalties.
Termination Rights: Ensure you have the unilateral right to terminate the agreement immediately if the vendor fails to produce a valid County permit.

Hiring/Training

Site Management: Train property managers and security personnel to verify vendor documentation. They must know that a city permit (e.g., from Conroe) is likely insufficient for unincorporated areas; they must look for the specific Montgomery County permit once issued.
Vendor Staff: If you operate the mobile unit, train your on-site staff to keep the physical permit on the vehicle at all times. They must be instructed to produce it immediately upon request by the Sheriff’s Office or Constable.

Reporting & Record-Keeping

Permit Audits: Create a digital file for every vendor on your property containing a copy of their valid County permit.
Site Plans: The County may regulate the "placement of structures." Maintain an up-to-date site plan showing that vendor locations do not obstruct right-of-way or visibility, to serve as proof of compliance during inspections.

Fees & Costs

Permit Fees: Budget for new permit fees. The statute does not cap these fees; the County has discretion to set amounts sufficient to cover administrative and enforcement costs.
Fines: Non-compliance constitutes a Class C misdemeanor (fine only), but repeated violations can lead to the revocation of the right to operate.

Strategic Ambiguities & Considerations

Definition of "Parking Lot": The statute allows regulation of vendors on "parking lots," but does not explicitly distinguish between public rights-of-way and private property. The forthcoming County Order will determine if this extends to private industrial lots or HOA common areas.
"Public Safety" Scope: The County is authorized to regulate based on "public safety." This is a broad standard. Watch the rulemaking process to see if they use this to impose onerous setback requirements or hours-of-operation restrictions that effectively act as a ban.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCounty Government County Government--general County Government--roads Health Health--general Vehicles & Traffic Vehicles & Traffic--rules of Road Montgomery County Business & Commerce Business & Commerce--general

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 2012

By: Bell, Cecil

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law authorizes the commissioners court of a county with a population of more than 1.3 million to regulate certain roadside vendor activities in the unincorporated area of the county if they occur on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot. This authorization currently applies to the commissioners courts of Harris, Dallas, Tarrant, and Bexar Counties. The bill author has informed the committee that in 2024, the Montgomery County Commissioners Court passed a resolution with unanimous support calling for legislation authorizing the county to regulate roadside businesses in the unincorporated area of the county, citing the increasing proliferation of roadside businesses that pose safety and welfare challenges for the citizens of the county without corresponding regulatory controls. H.B. 2012 seeks to allow that commissioners court to do so.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2012 amends the Transportation Code to authorize the commissioners court of a county with a population of more than 600,000 that is adjacent to a county with a population of more than four million to regulate by order the following in the unincorporated area of the county if they occur on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot:

·the sale of items by a vendor of food or merchandise, including live animals;

·the erection, maintenance, or placement of a structure by a vendor of food or merchandise, including live animals; and

·the solicitation of money.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Cecil BellRepublican · Primary Author

Joint Authors

Janis Holt (R)

Coauthors (1)

Steve Toth (R)

Senate Sponsor

Sen. Charles CreightonRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 2012

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to regulation by certain counties of roadside or parking
	lot vendors and solicitors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 285.001(a), Transportation Code, is
	amended to read as follows:
	(a) To promote the public safety, the commissioners court of
	a county with a population of more than 1.3 million and a county
	with a population of more than 600,000 that is adjacent to a county
	with a population of more than four million by order may regulate
	the following in the unincorporated area of the county if they occur
	on a public highway or road, in the right-of-way of a public highway
	or road, or in a parking lot:
	(1) the sale of items by a vendor of food or
	merchandise, including live animals;
	(2) the erection, maintenance, or placement of a
	structure by a vendor of food or merchandise, including live
	animals; and
	(3) the solicitation of money.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 12, 2025

TO:	Honorable Cecil Bell, Chair, House Committee on Intergovernmental Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB2012 by Bell, Cecil (Relating to regulation by certain counties of roadside or parking lot vendors and solicitors.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, SZ, BC, CWi

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Frequently Asked Questions

Common questions about HB2012

What does Texas HB2012 do?

HB2012 immediately empowers the Montgomery County Commissioners Court to regulate, restrict, or prohibit commercial activity by vendors and solicitors in unincorporated areas, including on private commercial parking lots. This legislation closes the regulatory gap outside city limits, requiring both mobile vendors and the property owners hosting them to prepare for a new regime of county-issued permits and safety inspections. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Who authored HB2012?

HB2012 was authored by Texas Representative Cecil Bell during the Regular Session.

When was HB2012 signed into law?

HB2012 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB2012?

HB2012 is enforced by Montgomery County Commissioners Court (Regulatory Authority) and Montgomery County Sheriff's Office and Constables (Enforcement).

How urgent is compliance with HB2012?

The compliance urgency for HB2012 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB2012?

The cost impact of HB2012 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB2012 address?

HB2012 addresses topics including county government, county government--general, county government--roads, health and health--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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