(a) The executive commissioner by rule shall establish classifications of mobile food vendors for purposes of conducting health inspections as follows:
(1) mobile food type I vendor for a vendor who dispenses prepackaged foods, does not dispense time or temperature control for safety beverages, or poses a low risk of harm to the public;
(2) mobile food type II vendor for a vendor who dispenses food that requires limited handling and preparation; and
(3) mobile food type III vendor for a vendor who prepares, cooks, holds, and serves food from a food vending vehicle.
(b) The rules adopted under Subsection (a) shall specify the categories of foods or beverages that mobile food vendors in each classification may serve.