-
March 22, 1961
Mr. Richard E. Rudeloff O~lnlon No. WW-1024
County Attorney
Bee County Re: .Jihen must property be ren-
Beeville, Texas dered for taxation in order
to qualify a person, under
Art. ‘5.03 of the Xection
Code, to vote in a bond
election, to be held in
April, 1961, and rela.ted
Dear Mr. Rudeloff: questions.
You have stated in your opinion request that a bond
election “is to be held in Bee County in March, 1961, to decide
the proposition of an $850,000 bond issue to establish a county
hospital.” You have submitted to this office the following
two questions to be answered:
1. “When and within what period of time must property
be rendered for taxation in order to qualify an elector, under
Art. 5.03 of the Election Code, to vote in a bond election to
be held in March, 1961?”
2. “Must property be rendered by an elector himself,
or his agent, to qualify him to vote in such election, or does
the placing of his property on the unrendercd list by the tax
assessor so qualify him?”
Subsequent to receiving your opinion request this
office was advised that the proposed bond election would bc’
held on April 1, 1961. The April date will be used in this
opinion Instead of the’March date.
Section 3a of Article VI of &e Texa.s Constitution, a.s
amended in 1932, reads, in part, tis fo’Llows:
“When an electlon is held:‘by any county..,,for
the purpose of issuing bonds, e e a .only quaiii’ied
electors who own taxable property in the....
county.... and who have. duly’ rendered the same
for taxation,. shall be qur)lified to vote... .I’
Artiole 5.03 of the Electi&rCode originally enacted
this provision Into law verbatim.
-
Mr. Richard ‘E. Rudeloff, page 2 (YW-1024)
In 1957 the Legislature added the following amendment
to Art; 5.03 of the Election Code:
“Property &hall be deemed to have been duly
rendered for taxation, for the purpose of
determining eligibility to vote in an election
as provided In this Code and in Article VI,
Section 3a of the Constitution of this Sta.te,
only If the ,property was rendered to the
county, city, district, or other political
subdivision holding the election within the
perlod of time fixed by law for such rendition,
or was placed on the tax rolls by the tax
assessor prior to the date on which the election
was ordered, if the regular rendition period
expired before that date. In making up the
certified list of owners of taxable property
to be used at an election, the tax collector
shall Include thereon only the names of per-
sons owning taxable property which has been
duly rendered for taxation, as herein defined,”
The courts have Interpreted Art. 5.03 on severa,
occasions orior to the 1957 amendment. In the leading case
of Caperton v. Thorpe, 24b.S.W.2d 329 (Civ.Ap,p.,lg51)-the court
at page jrheld:
“Our Constitution, Art.,6, Sec. 3a, Vernon’s Ann.St.,
provides that only qualified electors who own
taxable propeTty in the county where such e1e.ction
is held and who ha,ve dll3.y rendered the same for
taxation shall be qualified to vote. J?fe br:lizv:
the trial court correctly ruled that a person
who had rendered his property either in 1$-g
or 1950 was a qualified voter. nli S-G the only
reasonable ~construction of t’he law. The 1.a.ri
permits owners of prpperty to render their taxes
through April 30th of any ,givcnyear under
Art. 7151, Revised Civil Statutes 1925, Vernon's
Ann.Civ.St. art.,7151., It will; therefore, be
seen that if the election had b&n called on
January 2, 1950, there would have been many
people who regularly rendered their property
within the time prescribed by statute a.nd whc:
were otherwise qualified to vote in the. ~zl&z:tiotl ~~-
but who had not rendered their property for
taxes in 1950 and would not hs.ve been ailo??&
to vote in the election.” (Bnpha,sLs added)
Mr. F3.cha.M 3. Rudeloff, page 3 (InJ-102i!.)
Since the courts have construed Sec. 3a, of Art. VI
of t’he Texas Constitution, which wa.s later enacted a.s Art.
,5.0.3 of the Election Code, we are of the opinion t:mt the
holding in the Caperton case is still the law. ;!c do not
feel that the 1957 amendment to Art. 5.G3 ha.s af’f’ccted tha.t
holding.
Therefore, it is the opinion of this office that an
othl-r:lise qua.lificd elector is eligible to vote in 2. 3oi73. elec-
tion if he ‘had rendered his property either in l$G or does
render it anytime prior to the time ‘he votes in an election
which is held before Nay 1, 1961.
In answer to your second question, thLs office in
Attorney Genera,1 Opinion No. O-2126, sa,id in nffm: t:?a,t if
rendition of property for taxes is made ‘by an azen’; of the owner,
or if such property is assessed by the tax assessor, the re-
ciuiremcnts
I of Sec. ?a. of Art. VI of the Constitution of Taxas
a,73 me’c. The ca.s;s-of Carnob& v. ‘Xrixht, 95 S.~;~:.2d 3?!.9, (Civ.
.kg,p.,l536) and Texas Tublic Utility Corpora.tion v. :Io!m,
123 S.W.2d 102Z, (Civ.App.,lg38, error dismissad) ar,? cited. In
_
sur)7ort ol' ti-,et op-in-ion. These cases decided tY1a.t assessment
rmcle by the tax a..ssessor is sufficient to meet :I;? r?,:~~JjJcrflci]ts
of s2c. 3a of Art. VI of the Constitution of TCZXZ~Sthy’; pr~pcrty
ij J “dimly rendered” in order for its owner to be e_‘~;r;iYJ;c to vote
j.n a bond election.
Therefore, il: view of the prior Attorney G2i?cra.l.‘s
CoInion and the cases cited, it is tile opinion of’ tkj.3 offi.ce
tha.t the tax assessor by ~~l.acIng t!le property of a,n o~khemlso
f.j~~!a.iified elector Oil the Lg69 unrell5erXl tax rolls prior to the
Lake the election 1.s orde:red, qual.it’ies such elector to T.TO~~irj
2 boric?. zlect?.on to b-7 held in A.pril, 1961.
Mr. Richard E. .Rudeloff, page-4 (Ww-1024)
LS:jh
APPROVXD:
OPINION COMMITTEE
N.V. Geppert, Chairman
Jerry Roberts
Eudley McCalla
John Phillips
XY: Morga.n Nesbitt