Untitled Texas Attorney General Opinion

OF TEXAS April 4, 1939 Honorable George H. Sheppard i$nion No: O-545 Comptrollerof Public Accounts : *Trinity-Mix"is cement Austin, Texas and subject to cement tax. Dear Sir: .. :. ~hi~,ia inanswer.to your letter of March 24, 1939, which reads as follows': 'The question has arisen in this departmentasto the taxa- bility of *TrinityMix? (a sort oflPrtar preparationput out by certain cement companies). The attached copy~of.a~letter.~.: written by the cement.companyto our Tax Supervisor~;'Mr."B.C.;: Bearden, explains fully the ingredients..of.,this~mortar. ,~i;::y<,Y' .~. "1 will thankyou ~toadvise this departmentwhether this pro- duct is tamable under.the_.s~tute..lenying.a.~tax.on cement.", _:. The attached copy..of~the letter to Mr. Beardenthat ;you~ refer"to .~. which-is from the attorheys for the cement company concerned,reads, in part as:follows:. :- "The producthereinabove referred to, manufacturedby Trinity Portland Cement Company, which is under diacussion,atthis time, is what is commonly termed orknow;&aardinary masonry mortar .andcontains some ingredientswhich are likewise con- tained in cement, nevertheless,thefinished.productsare entire- ly different. Cement, as the.writerunderstands~it,may icon- tain various forms of stone ~whichare.burnedunder high heat and treated in'various forms. After beinghurnedby~high heat and treated, the product comes out inwhat is commonly termed among cement people as a clinker form, that,is, in round j pellets. These clinkers are then ground very fine and-sifted through meshes-or--screensof a very fine sieve, that is, so fine that the sieve, as I understand it, will hold-water. Af- ter receiving this treatment, the fine powder.is treated. During this same treatment,orperhaps there-afterwards,this pulverized clinker is treated.with.gypaum,.thraughly mixing the two products and you-then inturn have%hat is'commonly known and understood among thencement industry as cement; and generally and fin fact commonly knovn~~as.P~~d..Cement, which has a well defined and well understood..meaningamong persons conversantwith the cement industry. This,finished product Honorable George H. Sheppard,page 2 O-545 which is termed and known as cement is used for many and sundry purposes, such as makingmortar, plaster, concrete and many times in its raw state by adding water to it and for numerous other similar purposes. "The product here under consideration,which is commonly known as Trinity Portland Cement Company's finished product of mortar, is manufactured,as the writer understands it, in the followingmanner. The clinkers above referred to, without being ground and without being treated with gypsum, are taken in their raw state as they come from the furnace, mixed with lime rock in its raw state, containingapproximately47 or 48 per cent of lime after the same has been burned, treated and reduced to lime. This lime rock in itsraw state, without being treated in any particular,~isground and pulverizedwith .-the clinkers,both productqbeing mixed-and ,placedthrough a sieve and then you~have the finished~product.:~The,percentage of lime rock and clinkersused-in this finished product, vary, depending upon the strength ordurability or mortar desired.' This finished product Is museda.smortar,~as I..understand. it, snd,, is.nothing;in.facthut a:.preparedmortar;".: ..~ .i_. .,~. ihe~statute:in'iqu~atioh..is'.pjlr;?graphi. (a)':;f: H&rii;; B&c.~o;:j~ji,Acts 1931, Forty+secondLegislature,, p.~355;.::ch;' 212,'j'how codified.as Section 4la of Article 7047 of VernonVAnnotated‘Revised Civil Statutes of Texas, which.reads~~asfollows: *There is hereby imposed