Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
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4 ot the ml.1 tax -ouina : -.
$Mnorable Alwln E. Pape, pags 2
"Question
"How 44n a pereon ofbr si%ty years of 664 and other-
wise a qualified voter nowa reddent oi mnaalape County,
Texas, where no exemption oertificate is issued to him,
legally vot6) in Bexar County, Texas, where suoh sxepaption
c4rtiiioate is required, after haring.been a ,reeident OS
Bsxar County for aix monthe following the and of the poll
tax paying period?
V.C.S. of Texae Opiaiarm, Attorney @neralt
Mt8: 2955, 2958, 29
9i9, O-2434 dated 6-29-&lb.m
2960, 2961; 2 2,
2966, 2%7, 296s
This Departmsnti helti,gn o;r;ini.on 330. .O-P&l&:
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need obtain noti~$$on oertiSloaLsIn order to entltle
them to ootei~
~“It is the furtheropinionof t>is Department.
that
those~ exempt from the payment Oi the poll tar for the
reaeon4 44t out in Artiole 2%8a, Vexnon~e Annotatsd
Civil &tatutes, and resldu elrwhere thaa &n,a oity
at 10,000 inhabitant4 or m4re mat obt4in an ereaption
48rtiiiO4t4 on or before the 318t day of JaIiuary of the
year in u&loh they offer to vote, In orber to be entitled
to aast their bsllOtsr*
We are enolosing a oopy of opinionNo. 0;2bjb ior
your oonvenienoe.
Art10148 2968 and 2955,Vernon*8 Annotated Girl1
SOatute8, among other thing8 provide in etr44t that 4tsry
perrron who 18 exempted by law from the p4Jment of the poll
I tax, and who is in other respeotr a qualltled voter, who
I r@siaea in a city or 10,000 inhabitante or uvxre, shall before
aonorable Alwln B. Pape, paga 3
the 1st day of F’ebruuy of the year when such voter shsll have
beoo31neantitled to such sxtmption obtain from the tax oolleotor
of the aountp of his or her reeldanoe, a osrtlfioateehowing
h&e or her exemption from the psyment~ of a poll tax.
Article 2968a, Vernon's Amotated Civil Statutes,
prOVid60 in p4rtz
wE*4ry pertin not eubjeot to the disqualirle&Aorr
set out ln Artiole 2954 of the pe~rlsed Civil Statutes of
1925, who doer not raeide in a oitp of &?,OOO i@abitants
or more, aud who I8 exempt from the pa$3iiunt of the poll
tax by ma8011 of the faot that he or she has not yet
reaahsd the age.of 2l pears on the 18% daj 0f January
prece8iag its levy, og who i8 ex4mpt .*apr the p8yment of
tha poll tax beoaure ha or 8h4 ~48 not a resident of t&e
State On the 1st day of January pkeoeding itA levy, bub
nbo shall ha70 alnoe boOmu sllgible~to rote bg raascas
of length of residtmoe or age, aball; on or before the
318t day of Jantar~ of tha gear in whioh he or aho offers
to vote, obtain from the assessor and oolleotor of taxes
for the county of hi4 ol: her residence a a,+rtlflaete of
exemption fraaa the paymat of the 'poll t4x, and no &oh
person who he4 fail4d Or refwmd to obtain 4u0h oertiricate
of erunptlsn fronthe payment ot the poll tax shall be
allowed to vote. . . r"
($08 the oases of,Clark 7. Stubbs 131 %Vt. (2d) 663; and
Rogers v. Smith et al., 119 9.X. f2d 678)
The per&mm mentions& in yOlIr inquiry are now pOr8On8
realdIng elsewhere than in a city of 10,000 inhabitant8 or aore
an& are exempt from the payment of the poll tax by Article 29@,
Ve~non’a Annotated Civil Statutes. Therefore, these persan4
a8ed obtalu no exemption eertlfioste in ordes to entitle them
to Vote, provkled, they oontinue to reside in Guadalupe County.
Rowever, if suoh persons move to San Antonio aud establfsh their
reeldeuce there, before they are -titled to vote they mat
obtain a oertificate of exemption BE)required by titfole 2968,
Vernon’s Annotated Civil Statute8. ITnd8r tM fasts abated in
pour letter, thesa p4T4On8 wi*ill mOV4t0 %ui bntMi0 aitW
ITan. 31, 1942 and till be unable to seoure thefir oertifieates
of exwtlon in San Antonlo, TOXW, However, such parsona,
Eonarable Alwin 5.:. Paps, page &
to be entitled to Vote in San Antonio, must have their axemp-
tion oertlfiaates. Xowever, it auah persona reside in Bexar
County and not in a city of 10,000 inhabitants or mare, it '.
is not necesaa~ry ior them to obtain an exemption certificate
in order to entitle the31to vote.
Although the statutes do not require persons who
are 60 years of age or over , residing elsewhere than in a
city of 10,000 inhabitants or more and vi&o are exempt Zrom
the payment of poll tax in accordance with the provisions
of Article 2960, supra, need obtain no exemption oertifioatr
in order tc entitle them to vote, the statutes do not prohibit
such persons from obtaining exemption oertificates.
Therefore, it is our opinion that the above mentioned
puaons oan obtain their exemption ocrtitloatea in Ouadalups
County before moving to Bexar County, and ii suoh exemption
certificates are obtained beioro Pebruary 1, X%2, suoh persons
will be entitled to tote in Bexar County, Texas, proyided, ruoh
psmon~ shall not otherwise be disqualified, by law.
Wwever, in thi8 aonneotion we want to point oat
that the county or State would not be liable for the fees
as prwlded by Article 2994, Vemon’a Annotated Civil Statutss,
to thm tax assessor oolleotor for issuing sush exemption oertifl-
catrswhsre the same sre not required by law as in the aatter
underconsideration.
Yours very truly
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BY
Ardell Williams
Assistant