89th Legislature

HB 3077

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 3077 proposes a targeted amendment to Section 151.462(b) of the Texas Tax Code, which governs monthly reporting requirements for alcoholic beverage sales between wholesalers and retailers. Specifically, the bill would eliminate the requirement for brewers, brewpubs, distributors, and package store local distributors to report the universal product code (UPC) for each alcoholic beverage sold to retailers. This information is currently part of the mandatory monthly tax report submitted to the Texas Comptroller for oversight and sales tax purposes.

Under the revised language, alcohol industry permit holders would still be required to submit a monthly report by the 25th of each month for each retail outlet or license held. These reports must continue to include key data: the names and addresses of both the seller and the retailer, taxpayer numbers, permit/license numbers, the net monthly sales figures, quantity sold, packaging details, container sizes, beverage type (e.g., distilled spirits, wine, malt beverages), brand names, and net selling price. The only change is the removal of the UPC line item, which is often used to uniquely identify products in commercial inventory systems.

The proposed change reflects an effort to streamline regulatory reporting and reduce compliance burdens on alcohol manufacturers and distributors, particularly smaller operators that may not track UPC data as rigorously. The bill is designed to maintain transparency and tax compliance while making the data collection process less cumbersome.

Author
Charlie Geren
Co-Author
Penny Morales Shaw
Sponsor
Juan Hinojosa
Fiscal Notes

According to the Legislative Budget Board (LBB), the bill’s proposed change—removing the requirement for alcohol industry permit holders to report the universal product code (UPC) in their monthly sales tax reports—does not affect state revenue collection or tax enforcement in a manner that would significantly alter budgetary outcomes.

The bill also carries no anticipated fiscal impact on local governments, such as counties or municipalities. The reporting change is administrative in nature and does not alter tax rates, assessment structures, or distribution formulas that might affect local tax bases.

The Texas Comptroller of Public Accounts, identified as the relevant state agency, does not foresee any significant implementation costs or loss of oversight capability as a result of the amended reporting requirements. Thus, the bill is considered fiscally neutral from both a state and local perspective.

Vote Recommendation Notes

HB 3077 makes a targeted but meaningful change to Texas tax reporting requirements for alcoholic beverage manufacturers and distributors. By eliminating the mandate to include universal product codes (UPCs) in monthly sales reports to the Comptroller, the bill removes a compliance hurdle that has proven burdensome, especially for small brewers and distributors. Many of these businesses deal with products that do not carry standardized UPCs, forcing them to fabricate codes to meet the reporting requirement. HB 3077 corrects this inefficiency without reducing the accuracy of tax collection or enforcement efforts.

The bill directly reduces the regulatory burden on private businesses, simplifying compliance and aligning state policy with real-world operations. It does not increase the size or scope of government, does not impose new costs or mandates, and has no fiscal impact on state or local governments, as confirmed by the Legislative Budget Board. It supports the principles of free enterprise and limited government by eliminating a data requirement that the Comptroller has indicated is not critical for tax enforcement.

Because it reduces unnecessary regulation without compromising transparency, enforcement, or taxpayer interests, HB 3077 represents a positive step toward a more efficient, business-friendly regulatory environment in Texas. As such, Texas Policy Research recommends that lawmakers vote YES on HB 3077.

  • Individual Liberty: The bill does not directly impact personal freedoms such as speech, religion, or privacy. However, by reducing government overreach into routine business reporting, it upholds the broader spirit of protecting individuals, especially small business owners, from unnecessary administrative entanglement. In that sense, it aligns with individual liberty by preserving the freedom to operate without undue bureaucratic interference.
  • Personal Responsibility: This bill neither promotes nor undermines personal responsibility. Businesses are still required to report sales data in detail; the bill simply removes the obligation to report the UPC, which was often impractical or inaccurate for certain sellers. Responsible business conduct and compliance with tax laws remain intact.
  • Free Enterprise: The bill significantly supports the principle of free enterprise by lowering regulatory barriers. Requiring the inclusion of UPCs for all alcoholic beverage sales imposed a one-size-fits-all burden, especially on small-scale brewers and distributors who may not utilize UPCs in their inventory systems. Removing this requirement allows these businesses to focus on production and sales rather than on bureaucratic workarounds, helping foster innovation, growth, and competition.
  • Private Property Rights: The bill does not affect ownership or control over private property. However, to the extent that regulatory compliance affects how business owners use their resources (e.g., time, labor, systems), the reduction of reporting mandates could be seen as a slight positive for exercising control over one’s business operations.
  • Limited Government: The bill reflects a clear commitment to limited government. It removes a reporting requirement that the Comptroller’s office has acknowledged is not essential to tax enforcement, thereby reducing state-imposed obligations on private actors. The bill does not create new rules, agencies, or powers—instead, it repeals a redundant data point from existing law. This streamlining of government regulation is in direct alignment with the principle that government should be restrained, efficient, and minimally invasive.
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