Homemade Texas has sent a formal letter to the Town of Providence Village in Denton County regarding a Notice of Violation issued to the property owners of a residence associated with a cottage food production operation. The letter raises concerns about the Town’s enforcement of its home occupation zoning ordinance, the lack of specificity in the violation notice, and potential constitutional issues involving due process and commercial speech.
On October 5, 2026, a Providence Village Code Compliance officer investigated a complaint concerning a home-based business. According to the officer’s written report, the officer drove past the residence at approximately 5:45 a.m. and observed no activity outside the home and no illuminated sign visible from the street.
Despite those observations, the Town issued a Notice of Violation directing the property owners to correct an alleged violation within ten days. The notice reproduced ten provisions of the Town’s home occupation ordinance but did not identify which provision had allegedly been violated or specify what corrective action was required.
The notice did not document excessive traffic, noise, nuisance conditions, customer activity, or merchandise being sold on the premises.
Texas law expressly limits municipal authority to regulate cottage food production through zoning ordinances. Under Texas Local Government Code § 211.032, municipalities may not adopt or enforce zoning ordinances that prohibit the use of a home for cottage food production operations.
Homemade Texas has worked since 2009 to establish and expand the Texas Cottage Food Law, including legislation enacted in 2011, 2013, 2019, and 2025. These laws allow qualifying Texans to produce and sell certain foods from their home kitchens, subject to applicable statutory requirements.
Although municipalities retain authority to enforce certain zoning and land-use regulations, that authority must be exercised consistently with state law.
Homemade Texas’s letter also raises concerns about the adequacy of the Town’s violation notice. A property owner receiving a formal enforcement notice should be able to determine what conduct allegedly violates the law and what steps are necessary to achieve compliance. The failure to identify a specific violation raises questions about whether the notice provides adequate procedural due process.
The Town’s home occupation ordinance also includes a restriction on advertising through commercial communication media. Homemade Texas has questioned the constitutionality of this provision as applied to lawful home-based businesses.
Truthful advertising of lawful commercial activity receives protection under the First Amendment. Although commercial speech may be subject to certain regulations, restrictions must satisfy applicable constitutional standards. The Town’s apparent prohibition on advertising raises questions about whether its ordinance is consistent with those protections.
In its October 8, 2026, letter to Providence Village Mayor Linda Inman, Homemade Texas requested that the Town withdraw the Notice of Violation or identify the specific ordinance provision allegedly violated, the evidence supporting that allegation, and the corrective action required.
Homemade Texas has also submitted a request under the Texas Public Information Act seeking records related to the Town’s investigation and enforcement actions. Those records may provide additional information about the complaint, the investigation, and the basis for the notices.
Homemade Texas will continue to advocate for the rights of cottage food producers and work to ensure that municipal enforcement practices comply with Texas law and applicable constitutional protections.
The full letter to the Town of Providence Village is available below.
