{"data":{"id":"us-tx/tex.-local-government-code-229.902","jurisdiction":"us-tx","citation":"Tex. Local Government Code § 229.902","heading":"AUTHORITY TO REGULATE HOME-BASED BUSINESSES.","body":"(a) In this section:\n(1) \"Business\" has the meaning assigned by Section 1.002, Business Organizations Code.\n(2) \"Home-based business\" means a business that is operated:\n(A) from a residential property;\n(B) by the owner or tenant of the property; and\n(C) for the purpose of:\n(i) manufacturing, providing, or selling a lawful good; or\n(ii) providing a lawful service.\n(3) \"No-impact home-based business\" means a home-based business that:\n(A) has at any time on the property where the business is operated a total number of employees and clients or patrons of the business that does not exceed the municipal occupancy limit for the property;\n(B) does not generate on-street parking or a substantial increase in traffic through the area;\n(C) operates in a manner in which none of its activities are visible from a street; and\n(D) does not substantially increase noise in the area or violate a municipal noise ordinance, regulation, or rule.\n(b) The governing body of a municipality may not adopt or enforce an ordinance, regulation, or other measure that:\n(1) prohibits the operation of a no-impact home-based business;\n(2) requires a person that operates a no-impact home-based business or that owns the property where the business is operated to obtain a license, permit, or other approval to operate the business; or\n(3) requires a person that operates a home-based business or that owns the property where the business is operated to:\n(A) rezone the property for a non-residential use; or\n(B) install a fire sprinkler protection system if the residence where the business is operated consists only of:\n(i) a single-family detached residential structure; or\n(ii) a multi-family residential structure with not more than two residential units.\n(c) Subject to Subsection (b), the governing body of a municipality may:\n(1) require that a home-based business be:\n(A) in compliance with federal, state, and local law, including:\n(i) a municipal fire and building code; and\n(ii) a municipal regulation related to:\n(a) health and sanitation;\n(b) transportation or traffic control;\n(c) solid or hazardous waste; or\n(d) pollution and noise control;\n(B) compatible with the residential use of the property where the business is located; and\n(C) secondary to the use of the property as a residential dwelling; and\n(2) limit or prohibit the operation of a home-based business that:\n(A) sells alcohol or illegal drugs;\n(B) is a structured sober living home; or\n(C) is a sexually oriented business as defined by Section 243.002.\n(d) This section does not prohibit:\n(1) a person from enforcing a rule or deed restriction imposed by a homeowners' association or by other private agreement; or\n(2) a municipality from adopting or enforcing an ordinance regulating the operation of a short-term rental unit.\nAdded by Acts 2025, 89th Leg., R.S., Ch. 336 (H.B. 2464), Sec. 1, eff. June 12, 2025.","path":["LOCAL GOVERNMENT CODE","TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES","SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY","CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES","SUBCHAPTER Z. MISCELLANEOUS PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/LG/htm/LG.229.htm#229.902","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:27Z","sha256":"e6a45437c92e9f7bf5b354c2b0d2bff3543bf92688dccde1842f1720f2a8afcb","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-local-government-code-229.901","next":"us-tx/tex.-local-government-code-231.001"},"notice":"GroundRules: Original legal text. Not legal advice."}