Texas Attorney General Opinion: O-3135 Page: 2 of 2
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574
Honorable Robert F. Peden, Jr., Page 2
opinion in response to two questions, (1) whether or not
the Commissioners' Court in the execution of said contract
:had the authority to make the contract for the collection
of the independent school district taxes, for whica the
Assessor and Collector of the County assesses and collectB,
and whether or not the contract would entitle the contraot-
ing attorney to the commissions on the taxes for such in-
dependent school districts, and (2) whether in the event
the contracting attorney does not collect the independent
school district taxes charged on the county tax rolls the
County Tax Collector would be authorized to receive and
receiot for the Stats and county taxes without collecting
the school taxes charged against the taxpayer when it is
all charged on the tax rolls under one item.
The statute oited by you as above indicated, Ar-
ticle 2893, was evidently in, error, since that statute
deals with a different subject matter. We presume that
what you mean is that the boards of trustees of said dis-
tricts under authority of Article 2792, Revised Civil Stat-
utes, have provided for the taxes of said districts to be
asseseed and collected by the county assessor and collector.
Ekuch, however, mRkes no difference in our answer to your
question. The contract expressly excepts the taxes of in-
dependent school districts from its operation. Whether
the Commissioners' Court had the authority to make such a
contract for the collection of independent district taxes
is immaterial since such court did not attempt to do so.
Hence Mr. Minton may not, under the provisions of said con-
tract, olaim commissions for taxes collected for said school
district s.
In response to your second question we enclose
,opies of our Opinions Noas 0-2861 and 0-210.
Yours very truly
ATTORNEY GENERAL OF TEXAS
Glenn R. Lewis
GRL:LM APPROVEDFEB 19, 1941 AssistantENCLOSURES
ATTORNEY GENEAIL OF TEXAS CPINON
COM M ITTE
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-3135, text, February 5, 1941; (https://texashistory.unt.edu/ark:/67531/metapth260362/m1/2/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.