Untitled Texas Attorney General Opinion

. . l -’ ATTORNEY DRNRRAL August 7, 1962 Mr. 0. F. Steger Opinion No. WW-1407 County Attorney Columbus, Texas Re: Whether a county tax assessor-collector has the right to enter upon land for the purpose of personally inspecting the land and Improvements thereon for assessment purposes and related Dear Mr. Steger: question You have requested an opinion on the following two ques- tions: "Does a county Tax Assessor-Collector have the right to enter upon land for the purpose of personally inspecting the land and Improvements thereon for assessment purposes; and, If he does have such right, can he exercise seme at any time except within the period between January 1st and April 30th of each year?" The first question has been answered by this department in former opinions numbered O-1489 and 0-3376, which are enclosed herewith. The second question in your request is whether or not the Tax Assessor-Collector has authority to go upon the land of the owner to inspect the land and improvements for assessment pur- poses other than within the period between January 1st and April 30th of each year. Article 7189, Vernon's Civil Statutes, provides as follows: "Assessors of taxes shall, between the first day of January and the thirtieth day of April of each year, prbceed to take a list of taxable property, real and personal, in his county and assess the value thereof in the manner following, to-wit: By calling upon the person, or by calling at the office, place of business or the residence of the person, and listing the property required by _. Mr. G. F. Steger, Page 2 Opinion No. WW-1407 law in his name, and requiring such person to make a statement under said oath of such property in the form hereinafter prescribed." Article 7190, V.C.S., provides that assessments made after April 30th are legal, and Arts. 7191, 7192 and 7193, V.C.S., set out duties of the assessor In cases where the owner falls or re- fuses to render his property. We are of the opinion that It Is the duty of the Tax Asses- sor-Collector to assess the property in his county between the first of January and the thirtieth of April, as stated In Article 7189, V.C.S. If he fails, for some reason, to assess such proper- ty during the above mentioned period of time, and deems it neces- sary to enter on the land of a taxpayer for the purpose of asses- sing his property, he has the right to do so at any reasonable time, end is not bound to that part of the year between January 1st and April 30th. SUMMARY A Tax Assessor-Collector has the right to enter upon land for the purpose of inspecting and assessing for taxes at any~reasonable time, and Is not confined to January 1st through April 30th to do so. Yours very truly, WILL WILSON Attorney General of Texas APPROVED: OPINION COMMITTEE: W. V. Geppert, Chairman Tom McFarling F. R. Booth Bob ShaMOn Joe Osborn REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore