Texas Attorney General Opinion: O-6486 Page: 3 of 3
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373
Honorable Bruce Parker, page 3
The court in the case of City of Abllene v. State,
113 8. V. (2d) 631 (writ of error dismissed) after discussing
the proper construction to be given the above constitutional
and statutory provisions in order to have harmony among them,
ruled as follovas
"These considerations lead us to the conclusion
that as to the pover of the Legislature, to exempt
public property from taxation, all such property should
be regarded as mused for public purposes vhen it is
owned and held for public purposes, but not ovned or
held exclusively for such purposes and there has been
no abandonment of such purposes.
The court in this case has stated that property is
"used for public purposes" when it is ovned and held as such
and thern has been no abandonnt of such purposes; that it
need not be held exclusively for such purposes. As long as
the property has not been abandoned for public purposes, the
same may be rented for other purposes, as vas done in the
case of City of Abilene v. State, supra. This principle van
fully recognized in the case of City of Beaumont v. State,
161 s.W. (2d) 344.
Therefore, it matters not that part of the City Hall
of McLean is rented to a lodge, or an independent school die
trict; this does not change its status of being used and held
for public purposes.
We trust the foregoing anavswers your question.
Yours very truly
ATTO RT GENERAL OF TEXAS
Robert 0. Koch
Assistant
~iS ;7ifAPPROVED
OPINION
COMM InTT
OWAIMMAn
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6486, text, May 8, 1945; (https://texashistory.unt.edu/ark:/67531/metapth263764/m1/3/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.