Texas Attorney General Opinion: O-7235 Page: 3 of 5
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132
Honorable George B. Butler, Chairman, page 3
reqvind to pay the same fein es and occupa-
tion tax as any foreign casualty company is re-
quired to ps7 in order to procure a permit to 4b
business in Texas. Such foreign title com panes
vill not be required to pay a franchise tax,"
That a frnchlse tax is an occupation or privilege tax
under the lavs of this State is *nquestioned. By virtue of the above
sections, domestic title insurance or title guarauty companies paid
a franchise tax wbile foreign title insurance or title guaranty com-
paniec paid a gross prelia receipts tax under the provisions of
Article 7064, supra.
It is a matter of eaon and general knowledge that
after the S pnbre Court of the United States rendered its opinion
in Jne, 1944, in the case of Southeastern Underwritere Association
., VUnited States, thereby holding the business of insurance to be
interstate oamerce when carried beyond the borders of any of the
several sattes it was the intention of the 49th LeJislatur. to en-
act such legislation as might be necessary to eliminate the discria--
I nt ion, if an$, in the taxation of foreign insurance companies and
domestic insurance companies.
The 49th Legl8lature thereupon enated House Bill 23,.
Acts 1945, 49th Legislature, page 442, Chapter 279, (erroneously
codified as Article 4769t, V. A. C, .), which provided for the tax-
ation of all nurance organisatons transacting the business of
life, personal accident, life and accident, or health and accident,
insurance for profit, or atual benefit or protection in the State
of Texas, which specifically repealed Articles 7064a and 4769 of
the Revised Civil Statutes of Texas and also contained a general
regaling claus. The Legislature also enacted House Bill 54, Acts
1945, 49th Legislature, page 574, Chapter 341, Section 1, vbtch
aaended Article 7064 hereinbefon referred to. Each of these bills
was eopleantary to the other, it being the manifest intention of
the Legislature thereby to tax vithout dis oriaination every foreign
and domestic insurance organization doing every class of insurance
business permitted by the laws of the State of Texas.
Article 064, as so amended by the Aots of 1945, pro-
ceded to tax al organizations doing a title insurance business andaz --4 3 44.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-7235, text, May 26, 1946; (https://texashistory.unt.edu/ark:/67531/metapth264512/m1/3/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.