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Bill Summary Details

Home-Based Businesses (Oppose – Preemption)

CS/HB 537 (Donalds) and SB 778 (Perry) define a "home-based business" and preempt local governments from licensing and regulating home-based businesses. Local governments would be prohibited from enacting or enforcing any ordinance, regulation or policy regarding home-based businesses. However, such home-based businesses could not substantially increase traffic, noise, waste or recycling.  CS/HB 537 was amended to specify that a home-based business may not be regulated or licensed in a manner that is different from other businesses within a local government's jurisdiction. The bill now allows a party to challenge any local government action that violates the preemption. The prevailing party is entitled to recover attorney's fees and costs. (Cruz)