Untitled Texas Attorney General Opinion

                                      June 30, 1959

Honorable Joe Resweber                              OpinUan~No.. WW-650
County Attorney
Harris County                                           Re:   Authority of county
Houston, Texas                                                tax collector     as to
                                                              Issuance of poll tax
                                                              receipts   and exemp-
                                                              tion certificates     in
                                                              affidavit   form.
Dear Mr. Resweber:
              Your   letter   requesting   an opinion     of this   office   reads
as follows:
            "On this date, May 6, 1959; at the request of
      Mr. Carl S. Smith, Tax Assessor  and Collector  of
      Harris County, we rendered our Opinion No. R-59-1169
      to the following  queatlone:
             (1)   Is It possible for the Tax Assessor and
      Collector    of Harris County, Texas, to put the poll
      tax receipt and the poll tax exemption certificate
      In affidavit    form?
             (2)   May the Tax Asseaaor and Collector of
      Harris Couhty, Texas, require any other Information
      he feels Is necessary to protect himself and his
      office    and comply with the laws of the State of
      Texas?
             "Because of the vague provlelons   of some sec-
      tions of the Texas Election Code, aii well aa some
      apparent conflicts    in lta provisions and the absence
      of Interpretation    by the Court8 of many sections    of
      the Code, we feel that an opinion of the Office of
      the Attorney General should be obtained and there-
      fore request the opinion of your office     on these ques-
      tions.    We enclose herewith a copy of our Opinion No.
      R-59-1169 which contains a discussion     of the various
      Code provision8    and other matters considered In
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Hon. Joe Resweber,     page 2 (~~-650)


        arriving at our conclusioni3‘ior   tihatever value   It   may
        be to your office.”
            Your Opinion No; R-59-1169 sets out the applicable
statutes and traces their history Insofar as pertinent to the
questions under consideration.      These statutes   are Sections   43,
46, 48, 49, and 53 of the Texas Election Code. For convenience,
we shall refer to these sections by their unofficial        designation
in Vernon’e Texas Election Code, a8 followa:        Article  5.11 (Sec-
tion 43), Article    5.14 (Section 46), Article    5.16 (Section 48),
Article   5.17 (Section 49), and Article   5.21 (Section 53).      You
Interpret    these statutes as fc$lowa:
           (1)  A person paying his poll tax In peraon Is required’
to make an oral sworn statement to the tax collector  or hla deputy
of the Information necessary to fill  out the blanks In the receipt
form.

           (2)  A pereon paying his poll tax through an agent or
through the United States mall 1~ required to furnlah a written,
elgned statement containing the necessary information,  but the
information does not,have to be sworn to.
            (3) A pereon applying for an exemption certificate     is
required to swear to the Informatlon~neceasaPy   to fill  out, the
certif lcate f aim.
           ,(4) The tax collector’may    require a person applying
for a poll tax receipt    or an exemption certificate     to make an
affidavit  of the necessary lnformatj,on If the tax collector      has
reaapn to,belleve   that the appllcatit has falsely    stated the ln-
formation or If the tax collector     does not, personally   know the
applicant as being a resident of the precinct which the applicant
~clalms as hle residence.
             We agree with the foregoing     conclualotie,   but we are un-
able to agree with the ultimate      conclus$on reached in your opinion
that, the tax collector   may alter the statutory form of the receipt
or cetitlflcate   80 88 to incorporate    into the receipt or certificate
the affidavit,   which he may require under Article        5.21.  This con-
clusion Is stated In your opinion as follows:
               “There 18 no general authority under the Texas
        Election Code of 1951 for the Tax Collector     to alter
        the statutory   form of the ,poll tax receipt  or the ex-
        emption certificate   80 as,to make It into an affidavit
        signed by the taxpayer.     The Election Code, as @mended,
        apparently contemplates a poll tax receipt e?o?.eaQtedby
        the Tax Collector   or his deputy certl~