HB 3039

84(R) - 2015
House Licensing & Administrative Procedures
House Licensing & Administrative Procedures
Licensing & Administrative Procedures

Vote Recommendation

  • Negative
  • Neutral
  • Neutral
  • Negative
  • Neutral


Drew Darby

Bill Caption

Relating to requiring metal building, roof, and component retailers to register with the comptroller; imposing a civil penalty; authorizing a fee.

Fiscal Notes

Based on the analysis of the Comptroller, the amount of the annual registration fee that may be charged and the extent of revenues from penalties that may be assessed for failure to register are unknown. Costs to implement the provisions of the bill could be absorbed within existing resources.

Bill Analysis

HB 3039 would require a metal building, roof, and component retailer retailer to register annually with the Comptroller of Public Accounts. The Comptroller would be authorized to charge a fee to cover the cost of the registration.

HB 3039 would subject a person who fails to register to a civil penalty in an amount not to exceed $500.

The comptroller of public accounts would also have to study the compliance during calendar year 2016 of metal building, roof, and component retailers who make taxable sales of those buildings, roofs, and components with the requirements of Chapter 151, Tax Code, including the requirements to obtain sales tax permits and collect sales and use taxes under that chapter.

Vote Recommendation Notes

HB 3039 would impose an unnecessary registration upon a metal building, roof, and component retailer retailer with the threat of civil penalties for noncompliance. While the cost of the registration fees is yet to be determined, and could very well be nominal at most, it is not the place of government to mandate businesses to register with the state and threatening them with penalties if they don't. 

Occupational licensing serves to protect the vested interests of entrenched business at the expense of potential future competitors. This legislation is antithetical to free markets, individual liberty, and limited government. We are strongly opposed to HB 3039.