OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honoreble George tl.Sheppard
Comptroller oi Public AkEounts
Ausifn, Texas
Dosr Sir: Opinion No. O-7278
Re: Procedure to
in calculatin
I
, .. .
YOW
the opinion of
questions:
pmperty been properly assessed.
8eferriag to yxr first question, Articles 7346
and 7347, R. Y., provide in rubstancm tnat whrn it is d&s-
covered tiut any realty hss been omitted from the tax rolls
for any tFmr sine8 1881, thr Commlssloner8Court may order
a list of such property to be nade and the 8-8 is to be
George .i.-.ne;!drd,:are 2
.ionor;bls
assesbed 2nd texed for t..cye&r8 J:..ltted,
and trrereSLAPU
be added *a penalty equal in amount to wuat w&ld be 6~
interest to the date of ruaki..g
said list from t& date
such prvpertieswould nave bea.&dcli:aquenthad 88~1sbeen
properly rendered by the owner thereof at the time end for
ths yea-8 stated in said list.*
ks are of the opinion thet the 1anquPgs of the .
statute means 63 par lnnum~ had the Legislature intsnded
that a flst penalty of 6% be levied, we do not believe that
It would hats set forth the term for whloh interest was to
be computed. It uuuld have been muon simpler for the
statute merely to provide a flat penalty of 6;. Our oon-
struat:on of this provision Is in aacord?nce witn tne aot-
struction by the Coilptrollerfor mrny yesrs.
Cur holding is in accord with comon usace and
follows the general rule. Yee 33 G. J. 196, uherein it 18
steted tist a, . . . where the coiltract contain8 no stip-
ulation as to tne perioc;Cn.,ic.a tns rete agreed upon
shall apply, It Is construed so as to meke the interest
computable p*r annuni,not for any longer or shorter psr1od.s
yurtuer, it till be noted that Article 5073, 2.S.
imposes the penalties for usury when *a treater ri:teof
interest than 10,P is received. Gur courts have uniforuly
CJirStNed t;.isle.?pur.re
to ~86~ 13,~Per ~~UUUIL See for
example :o;,lznerce
Trust I;oi;pany
v. 3est, 80 S;..;.2d 942,
per Judge ckedley (adopted o?inisn by