TAXATION AND REVENUE SYSTEM—TEXAS.
TEXAS. 1
227
Texas depends primarily upon the general property
tax for state, county, and local revenues. There is an
elaborate system of “ occupation ” taxes on various
lines of business, incorporation and franchise taxes on
corporations, and some special taxes on the gross
receipts of transportation and insurance companies.
These taxes are in addition to the general property
tax. There are also state, county, and municipal poll
taxes.
An inheritance tax law was enacted in 1907.
CONSTITUTIONAL PROVISIONS.
ARTICLE VIII.
Sec. 1. Taxation shall be equal and uniform. All property
in this state, whether owned by natural persons or corpo
rations, other than municipal, shall be taxed in proportion
to its value, which shall be ascertained as may be provided
by law. The legislature may impose a poll tax. It may also
impose occupation taxes, both upon natural persons and upon
corporations other than municipal, doing any business in this
state. It may also tax incomes of both natural persons and
corporations other than municipal, except that persons engaged
in mechanical and agricultural pursuits shall never be required
to pay an occupation tax : Provided, That $250 worth of house
hold and kitchen furniture belonging to each family in this
state shall be exempt from taxation: And provided further,
That the occupation tax levied by any county, city, or town
for any year on persons or corporations pursuing any profes
sion or business shall not exceed one-half of the tax levied
by the state for the same period on such profession or business.
Sec. 2. All occupation taxes shall be equal and uniform upon
the same class of subjects within the limits of the authority
levying the tax, but the legislature may, by general laws,
exempt from taxation public property used for public purposes,
actual places of religious worship, places of burial not held
for private or corporate profit, all buildings used exclusively
and owned by persons or associations of persons for school
purposes (and the necessary furniture of all schools) and in
stitutions of purely public charity; and all laws exempting
property from taxation other than the property above men
tioned shall be void.
Sec. 3. Taxes shall be levied and collected by general laws
and for public purposes only.
Sec. 4. The power to tax corporations and corporate prop
erty shall not be surrendered or suspended by act of the
legislature by any contract or grant to which the state shall
be a party.
Sec. 5. All property of railroad companies of whatever de
scription lying or being within the limits of any city or in
corporated town within this state shall bear its proportionate
share of municipal taxation, and if any such property shall not
have been heretofore rendered, the authorities of the city
of town within which it lies shall have power to require its
rendition and collect the usual municipal tax thereon, as on
other property lying within said municipality.
1 This compilation is derived mainly from the following
sources:
Sayles’ Annotated Civil Statutes of the State of Texas.
Sayles & Sayles: The Gilbert Book Co., St. Louis, Mo., 1898.
Supplement to Sayles’ Annotated Civil Statutes, 1897 to
1904. W. W. Herron: The Gilbert Book Co., St. Louis, Mo.,
1903-1908.
The Session Laws to 1913.
Sec. 8. All property of railroad companies shall be assessed
and the taxes collected in the several counties in which said
property is situated, including so much of the roadbed and
fixtures as shall be in each county. The rolling stock may be
assessed in gross in the county where the principal office of
the company is located, and the county tax paid upon it shall
be apportioned by the comptroller, in proportion to the dis
tance such road may run through any such county, among
the several counties through which the road passes, as a part
of their tax assets.
Sec. 9. The state tax on property, exclusive of the tax nec
essary to pay the public debt and of the taxes provided for
the benefit of public free schools, shall never exceed 35 cents
on $100 valuation; and no county, city, or town shall levy
more than 25 cents for city or county purposes, and not to
exceed 15 cents for roads and bridges on the $100 valuation,
except for the payment of debts incurred prior to the adoption
of the amendment. September 25, A. D. 1883; and for the
erection of public buildings, streets, sewers, waterworks, and
other permanent improvements, not to exceed 25 cents on
the $100 valuation in any one year and except as is in this
constitution otherwise provided; and the legislature may also
authorize an additional annual ad valorem tax to be levied
and collected for the further maintenance of public roads:
Provided, That a majority of the qualified property tax-paying
voters of the county, voting at an election to be held for that
purpose, shall vote such tax, not to exceed 15 cents on the
$100 valuation of the property subject to taxation in such
county. And the legislature may pass local laws for the
maintenance of public roads and highways without the local
notice required for special or local laws.
Sec. 10. The legislature shall have no power to release the
inhabitants of, or property in, any county, city, or town from
the payment of taxes levied for state or county purposes,
unless in case of great public calamity in any such county,
city, or town, when such release may be made by a vote of
two-thirds of each house of the legislature.
Sec. 11. All property, whether owned by persons or cor
porations. shall be assessed for taxation and the taxes paid
in the county where situated, but the legislature may by a
two-thirds vote authorize the payment of taxes of nonresidents
of counties to be made at the office of the comptroller of
public accounts. And all lands and other property not ren
dered for taxation by the owner thereof shall be assessed at
its fair value by the proper officer.
Sec. 12. All property subject to taxation in and owned by
residents of unorganized counties shall be assessed and the
taxes thereon paid in the counties to which such unorganized
counties shall be attached for judicial purposes; and lands
lying in and owned by nonresidents of unorganized counties,
and lands lying in the territory not laid off into counties, shall
be assessed and the taxes thereon collected at the office of the
comptroller of the state.
Sec. 13. (Provision for tax sales and redemption.)
Sec. 14. (Election of county assessor for a two-year term.)
Sec. 15. (Taxes on land to be a lien thereon.)
Sec. 16. (Sheriff to be collector of taxes for the county,
except in counties having over 10,000 inhabitants, when a col
lector is to be elected.)
Sec. 17. The specification of the objects and subjects of taxa
tion shall not deprive the legislature of the power to require
other subjects or objects to be taxed, in such manner as may
be consistent with the principles of taxation fixed in this con
stitution.
Sec. 18. The legislature shall provide for equalizing, as near
as may be, the valuation of all property subject to or ren