Untitled Texas Attorney General Opinion

THE ATIWBRNEY GENERAL cm TEXAS Honorable Tom Hanna Opinion No. M-1244 Criminal District Attorney Jefferson County Re: Authority of Tax Beaumont, Texas Aasessor-Collector to issue redemption cert- ificate to taxpayer paying only delinquent taxes, penalty and interest, after dismissal of tax suit against him by Court for want of Dear Mr. Hanna: prosecution. We quote from your recent opinion request as follows: "We request an opinion from your office on the following question: '1. Is the County Tax Assessor-Collector authorized to issue a redemption cer- tificate where the taxpayer refuses to pay the court costs in a case that was dismissed for want of prosecution? 'The factual situation is as follows: 'A tax suit was instituted a few years back for the collection of real property taxes due the State and County. Said tax suit was dismissed for want of prosecution by the District Court. The taxes have been delinquent until the present time. The taxpayer is now willing to pay the taxes,~penalty and interest; but refuses to pay any of the court costs involved in said suit. The Tax Assessor- Collector refuses to give a redemption certificate until all costs have been paid." It is our opinion that the answer to your question turns upon whether the defendant taxpayer became liable for court costs under the circumstances outlined by you. -6091- Honorable Tom Hanna, page 2 (M-1244) The Rules of Civil Procedure and the statutes generally provide for the allowance of costs by the trial courts to the successful party, or otherwlse as specifically provided or according to the discretion of the court. Rules 125,131, 141, l&J and Articles 2072, 2072a, 2075 and 2076,Vernon's Civil Statutes. Specifically, Rule 141 provides that the court may, for good causes, to be stated-on the record, adjudge the costs otherwise than as provided by law or the rules. It is obvious that plaintiffs in a tax suit dismissed by the court for want of prosecution are not therein to be classed as successful parties. Absent a proper provision in such dismissal order taxing the costs of the suit against the defendant taxpayer according to the specific provisions of Rule 141, it is readily apparent that the costs never accrued against such defendant in view of Rules 125 and 127 to the effect that each party is liable to the officers of the court for the amount of costs incurred by each such party, but no more. As we understand your query, the defendant taxpayer incurred no costs in such suit on his own behalf. Hence, under the foregoing fact situation, the County Tax Assessor-Collector has the duty to issue a redemption certificate to such taxpayer upon the payment by him of the delinquent taxes , penalty and interest. In this connection we refer ou to the holding in Attorney General Opinion No. O-2938 (1941) to the general effect that the fees pro- vided for the officers enumerated in Article 7332, Vernon's Civil Statutes,are not earned by such officers until the tax suit results In judgment for the taxing bodies. SUMMARY Where tax suit against defendant was dismissed by court for want of prosecution, without adjudication of costs, tax- payer was entitled to redemption certificate upon his pay- ment of delinquent taxes, penalty and interest. Yourd gery truly, C. MARTIN General of Texas -6092- Honorable Tom Hanna, Page 3 (M-1244) Prepared by Robert L. Lattimore Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Bill Craig Milton Richardson Bill Flanary Lewis Jones SAMUEL D. m DANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -6093-