Untitled Texas Attorney General Opinion ( 1946 )

THEATTORNEY GENERAL
OF TEXAS
Honorable 5. K. Long
CMntg Attorney
Jefferson County
Beaumont, Texas
Dear Sir: Opinion No. fj-7005
Re: Are Taxes on Intangibles Included
ln the 8/9’s tb be refunded to the
Port Arthur Sea Wall Dlstrlot?
We have your request of February 2, 1946 wherein you
request the opinion of this offloe on the above captioned aubjeot.
Your letter reeds In pert as follows:
“The queatlon ham arisen In Jefferson County
aa to the lntergrstation of the above named House
Bill relative to the meaning of “8/9’s of ad valorem
taxes oolleoted on property both real and personal.”
The State Comptroller pueationa the meaning of thla
apart of the bill as quoted from the oaptlon es to
whether or not It Include8 lntanglble properties, a
list of which is furnished by the State Comptroller’8
Department to the Asssssor'a Offloo of Jefferson
County and Is never broken down In any way as to the
preolnots but a total for Jsfferaon County.
“My queatlon is am to whether or not ad valorsm
taxen on Intangible propertlerr 18 lnialudsd in the 8/t
tr, be rehrnded to the Port Arthur Sea Wall Dintriot.
Section 1 House Bill 410, amad at the regular rension
of the 49th Leglsla&re, oh. 353, 9. 815 of Vernon’s Tsxr8 Seasion
Laws reads es follows:
“That commencing wlth the fiaoal year beginning
September 1, 1929, and ending August 31, 1961 there
be and hereby are donated and granted by the state
of Texas to the Clty of Port Arthur, Texan situated
In Jeffsraon County Texan eight -ninth8 (b/9) of
the net amounts of ihe Btab ad valorem taxes ool-
looted on all property, both real and personal, In
Commlsslonerls Preolnot No. 2 of Jefferrron Carnty,
Texas, an It existed on January 1, 1945, whioh
Honorable S, K. Long, page 2 O-7085
shall be ascertained and apportioned as now pro-
vided by law; provided that from and after August
31, 1949, Three Thousand Dollars ($3,000) of the
assessed taxable value of all residence homesteads,
as now defined by law, in said Precinct No. 2 shall
be exempt from all taxation for the purpose enumer-
ated In this Act as well as for all State purposes."
Taxes on intangible assets have been held to be-ad
valorem taxes on personal property. 40 Tex. Jur. Sec. 60, p0
91 and cases there cited. It is therefore the opinion of this
office that taxes on intengfbl~eproperty``areincluded in the
8/g to be refunded to the Port Arthur Sea~Wall District as pro-
vided by House Bill 410, Acts 49th Legislature.
Yours very truly
ATTORNEY GEWERAL OF TEXAS
By Robert T. Donahue
Robert T. Donahue
Assistant
RTD:ms :wc
APPROVED FEB 9, 1946
s/Carlos C, Ashley
FIRST ASSISTANT
ATTORNEY GENERAL
Approved Opinion Committee By s/BWB Chairman