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Bill Summary Details

Home-based Businesses (CS/HB 403 Oppose – Preemption; CS/SB 266 Neutral)

CS/HB 403 (Giallombardo) and CS/CS/SB 266 (Perry) preempt the regulation of home-based businesses. The bills provide that local governments may not enact or enforce any ordinance, regulation or policy or take any action to license or otherwise regulate a home-based business in a manner that is different from other businesses in a local government’s jurisdiction. The bills authorize business owners to challenge local government actions and authorize the prevailing party to recover specified attorney fees and costs. Local governments may regulate a home-based business for issues related to noise, vibration, heat, smoke, dust, glare, fumes, odors as long as these regulations are not more stringent than those applied to a home where no business takes place. CS/HB 403 passed the House (77-41), where compromise language was stripped from the bill, then passed the Senate (19-18). The bill will take effect July 1, 2021, if signed by the governor. (Cruz)