Texas Attorney General Opinion: O-4288 Page: 4 of 11
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434
l sorble George H Shepprd, Page 4
there cited Undervood YSt Bigman, Tex. Can. App,
32 S. V. (2d) 1102."
This peculiar condition of the lay resulted even after the orig
final enactoant of Article 7345-b, Vornon's Civil statutes of
TXMass bealh Senate Bill 477, Acts 45th Legislature, Regular Se
*sIno paGe 1494-a. This is shown from a further quotation frm
state v. Dagby's Estate, supra, vhih ayst
'feilther Article f7342 nor 7345-b, supra, pro-
vides in express lguaa o for the issuance of servio*
of notice by publication upon unknown heirs who may
be the owners of realty in tax suits. There is no
other statute under Chapter 10. supra, that expressly
provides for the issuance and service of citation or
of notice of publication upon tmknown heirs as owners
of realty.
The Forty-fifth Legiolature, Regular Session, enacted
senate 111 477 (which is shown as Article 7345-b, Vernon's Civil
Statutes of Texas) which 1i a comprehensive aot end apparently
intended to be a rather complete and workable sot on the procedure
to be followed in tax suits brought for the collection of d rfn
quent taxes by the various taxing nits. Section 3, dealing with
process, of said Senate Bill 477 vws amended by said liouse Bill
565, Acts 46th Legislature, 1939, Regular session. From the
history of the amendatory act, and the date of the Bagby decision,
it vas evidently calculated to meet the holding in state vs.
Dafsbys Estate, supra, and neither Art4cle 7o2 or 7345-b pro-
vided for citation to is3ue in tax suite to unknown heirs who
might be owners of property. The amendment enlarged the scope
of Section 3 so as to izolude the unmknon hbeir" who uisht be
the owners of realty and subject to a delinquent tax cuit thus
shoving the intention o the Loegislature to make Article 7345-b as
nearly complete an Act as possible. The pertinent provisions of
said Articl 7345-b, insofar as the scope of this opnloan is oa-
oeenedl , are Seaotions 3, 4, 6, 83, 9 and 1,, wih wvill not be
eopied hoern for the sake of brevity.
A c Frm a careful consideration of the provisins of
Jutil* 7345-b, supra, it beooes apl]parent on its toe that it
bodies the sae subject matter, and has the same object and
purpose as that Of Article 7342, supra, prior to it amendment
SRouse I Bi 19)3 supra. We think theory is no doubt but vhat
ir provisions awe La ast et and that thay .enset be nen-
elled.L
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4288, text, January 27, 1942; (https://texashistory.unt.edu/ark:/67531/metapth261534/m1/4/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.