Untitled Texas Attorney General Opinion

January 27, 1939 Eonoreble 3. Richard Voges County nttorney Fl~r%%ville, Texus Dear Sir: Cpinion NO. o-135 Re: RI&t, or taxpayer to pap all taxes sxoept wife*% poll tax This OMioe Is in reoeipt of your let';.evof January 14 wherein you outllne the tollowing situation: A am who owns ae him ssperets propssty a plsoe of real estate, and who oleims % hontbstead sxemptlo,n, renders6 his own poll tax~but not that of hia wife. trpon pmsentlng hirpeelf to pay his tares he refussd to pay the poll tax of his wit8. The asslssor had assessed the wlis*s poll tax, as wll a% that of the husband. YOU ask WhSthel’ Or,nOt th% WirS’B Roll tax s0 aS886Bed BhOU.ldbe OOllSOtBd, aad whether OY IhOt th8 BmS688OX mad% WI errOr by plaolng th8 a%r:%asm8nt on ths sam% invsntory, end whsthsr the oOll%otOr mede en err0r &n trying to oollsot %uoh poll tqx. Your letter does not advise whether the taxpayer ounod other r%ol astnte, or whether he had personal property also asses- sd, nor doss it advise whether the reel eBtat8 in qusstlon wae oovered in who18 by the honrsstead exmuption, or Only in pert. ROT does the question make it ol%ar whstber ths ooll8otor refused to aooopt payment ~0r any texea without the wire*6 poll tax *gs in- cluded, or whether th6 OOllSCtOT simply in%i%t%d upon payment or ths poll tex. Xowsrer, it would be umisuel for a man having s rural hometea& not to have personal property also assessed for texatlon, srul wa era going to aesuma that he did have auoh property, end that soma belonged to the 0Owmuntty. Artiole 2969, Revissd Civil Etetutee, prOvide% that a poll tax shall be oolleoted rm every pers?n between the agee or trreaty- Hon. D. Rioherd vOgSS, Pago 2, January 27, 1939 years, and this lnoludos on8 (21) end Sixty (6G.). womba as well as men. The poll tax is not mode e lion upon sny 18nd by stetut8, but under the authority of Article 4344, Revised Civil Stetuta8, it Is provided that the Comptroller Shall adopt suoh ragulatIone~.notIn- pi oonsietant with the oonstitutional lews that ha may daam assantlal to speedy end proper assessment end colleotIOn.Ot th8 YevWluaS O? the state. "eation 0, Article 7260, provides that *The COmptrol- ler shell Prescribe forms to be uead by the oollaotors of taxer, and the mode and manner ot keeping and stating their aooounts, and shall adopt suoh regulations ea he may deem naoeesary In regard thereto. He shall enroroe a strict obeervenoa at aaoh provIslon 0r these artioles.~~* In aooordance with the above atatutos, the ContPtrOllOr has at'various times instmoted a8ssssors and oOllaotors to assess aaoh parson for a poll tax upon tha list of property raudarsd by any such person ror taxes, and the tax OOllaOtOr hss bean Instmotad not to eooept payment of property taxer from any parson subjaot to poll tax, exoapt In ogse or hOIuecStO@d, without oolleoting iOr the poll tax et the same time. 'In the aesa of Ztewerd vs. Thompsoa, 231 S.W. 2.77,Fort Yorth Court of Civil Appeals, it was SpaoIfloelly hold that suoh regulation promulgated by the COmptrollor wss s valid oae, end In e mandamus aotlon brought by J. B. Steward again& the Tax Collea- tor of Parker County to compel him to raoeivs'end raoeipt for all tax88 except that of the wife the mandamus we8 rafuemd. It does ,notappear whether ths property there Involved was Separate prop- fl arty,or community proparty, and it will be assumed that the prop- - srty upon whioh Steward sought to pay the taxa weqoomnmity property. -,.,_ ;~~-~. It Is, tharefore, our opinion that if the taxpeyar mention had oommunlty propsrty raadaraflor ar~osssd ror taxatf" on .' the tax oolleotor was not bound to aooe t suoh taxss on~uob oca+ munlty property (if other than homastoax ) without rqulring pay- meat Or tha wife's poll tax et tha aema tIma. \ Your8very truly ATTOHX.8Y GRl@%AL OF TICXAS Hy4ifL.Lfg~ Assistant CRL:FG