Case Information
*1 THEATTORNEY GENERAL OF TEXAS Honorable 5. K. Long
CMntg Attorney
Jefferson County
Beaumont, Texas
Dear Sir: Opinion No. fj-7005
Re: Are Taxes on Intangibles Included ln the 8/9’s tb be refunded to the Port Arthur Sea Wall Dlstrlot? We have your request of February 2, 1946 wherein you of this offloe on the above captioned
request the aubjeot. opinion Your letter reeds In pert as follows:
“The queatlon ham arisen In Jefferson County aa to the lntergrstation of the above named House Bill relative to the meaning of “8/9’s of ad valorem taxes oolleoted on property both real and personal.” The State Comptroller pueationa the meaning of thla apart of the bill as quoted the oaptlon es to from whether or not It Include8 lntanglble properties, a list of which is furnished by the State Comptroller’8 Department to the Asssssor'a Offloo of Jefferson County and Is never broken down In any way as to the preolnots but a total for Jsfferaon County. is am to whether or not ad valorsm
“My queatlon taxen on Intangible propertlerr 18 lnialudsd the 8/t in tr, be rehrnded to the Port Arthur Sea Wall Dintriot. Section 1 House Bill 410, amad at the regular rension of the 49th Leglsla&re, oh. 353, 9. 8 15 of Vernon’s Tsxr8 Seasion Laws reads es follows:
“That commencing wlth the fiaoal year beginning September 1, 1929, and ending August 31, 1961 there be and hereby are donated and granted by the state to the Clty of Port Arthur, Texan situated of Texas eight -ninth8 (b/9) of In Jeffsraon Texan County the amounts of ihe Btab ad valorem taxes ool- net looted on all property, both real and personal, In Commlsslonerls Preolnot No. 2 of Jefferrron Carnty, Texas, an It existed on January 1, 1945, whioh *2 Honorable S, K. Long, page 2 O-7085
shall be ascertained and apportioned as now pro- vided by law; provided that from and after August 31, 1949, Three Thousand Dollars ($3,000) of the assessed taxable value of all residence homesteads, as now defined by law, in said Precinct No. 2 shall be exempt from all taxation for the purpose enumer- ated In this Act as well as for all State purposes."
Taxes on intangible assets have been held to be-ad valorem taxes on personal property. 40 Tex. Jur. Sec. 60, p0 91 and cases there cited. It is therefore the opinion of this office that taxes on intengfbl~e property~~are included in the 8/g to be refunded to the Port Arthur Sea~Wall District as pro- vided by House Bill 410, Acts 49th Legislature.
Yours very truly ATTORNEY GEWERAL OF TEXAS By Robert T. Donahue Robert T. Donahue Assistant RTD:ms :wc
APPROVED FEB 9, 1946
s/Carlos C, Ashley
FIRST ASSISTANT ATTORNEY GENERAL
Approved Opinion Committee By s/BWB Chairman
