Case Information
*1 THEA~~~NEY GENERAL.
OF TEXAS 17, 1939 .~ February Han'; Birl Conneti, Jr.
CFlnili~~~l~Dlfi.ti-l~t Attorney
Eastland, Texas Dear Sir: Opinion-No. Ok-323
Re: Requirement that tioter obtain city poll tax to vote In municipal election.
Your letter of February 4th has been received, request- ing our opinion whether a voter may be required to obtain a city poll tax in order to vote in a municipal election.
We~resp~~tfully dlredt your attention to'Artlcle 1030, R.C.S., 1925, as amended, same reading as follows:
"The City Council shall have power to levy and collect ari annual poll t&x, not to exceed One ($1.00) Dollar to every Inhabitant of s&Id city over the'age of twenty-one (21) and under sixty (60) years, those persons exempt by law from paying the State Poll Tax except&l, who Is a resident thereof at the time of such an- nual assessment."
The exact questions you raise do not aeem to have been passed upon by our courts of last report.
However, an'elaborate conference opinion waPj wrltteii~ by Eon. Elbert Booper, First Assist&it Attorney General,--on March 27~;1934. (See Report and Opinions oft Attoi9iey General, 1932- 1934; Op. No. 2945, p. 265) This opinion passed tipon all the questlohs of the constltutionallty of the requirements of tiltlea &I to city poll taxes, and held a resident of a city. authorized to levy a clty'poll tax nest have duly paid ‘game, as well as the state and county poll tax In ord@ to qtiallfy aa a voter In City electlons. Of course, this could not be extended to require payment of such city poll tax as a pre- requisite to voting in state and county elections.
Mr. Hooper's opinion has been repeatedly followed In letter opinions ,subsequent to Its rendition.
We agree with the pertinent provisions of Mr. Booper's *2 Hon. Earl Conner, Jr., February 17, 1939, page 2 O-323 opinion, and you are advised it is within the constitutional $mwer of the Cit.3 of Eastland to~requlre voters to obtain a city poll tax receipt in order to vote in the municipal election.
By 'our holding above, your second question need not be answered.
Yours very truly ATTORNEYGENERALOFTEXAS By s/k3enj&ln Woodall Benjainln Woodall Assistant BW:AW:+,
APPROm:
e/Gerald C. Mann
AT!PORNEYI?KERALOF TEXAS