For those who are library districts. This also appeared on the library
districts list.

Laurie

 

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Deborah
Littrell
Sent: Monday, May 12, 2008 5:04 PM
To: [EMAIL PROTECTED]
Subject: [syscon-tx] FW: Notification of Opinion (Texas Attorney
General'sOffice) GA-0626

 

fyi

Deborah Littrell

 

>  

> 

> -----Original Message-----

> From: Texas Attorney General [<mailto:[EMAIL PROTECTED]>] 

> Sent: Monday, May 12, 2008 4:12 pm

> To: Edward Seidenberg

> Subject: Notification of Opinion (Texas Attorney General's Office)

> GA-0626

> 

> Good afternoon: We issued 1 Attorney General Opinion: GA-0626

> (RQ-0648-GA)

> 

> Opinion No.  GA-0626

> Go to:

> <http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2008/htm/ga-
<http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2008/htm/ga-0626.h
tm> 

 
<http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2008/htm/ga-0626.h
tm> > 0626.htm> 

> Re:  Authority of a multi-jurisdictional library district to assess

> and collect ad valorem taxes (RQ-0648-GA)

> <http://www.oag.state.tx.us/opinions/opinions/50abbott/rq/2007/pdf/RQ0
<http://www.oag.state.tx.us/opinions/opinions/50abbott/rq2007/pdf/RQ0648GA.p
df> 

 
<http://www.oag.state.tx.us/opinions/opinions/50abbott/rq2007/pdf/RQ0648GA.p
df> > 648GA.pdf> 

> 

> Summary: The Texas Supreme Court has not determined whether the Texas

> Constitution impliedly prohibits the Legislature from allowing a

> political subdivision to impose ad valorem taxes absent express

> constitutional authorization. However, the authority that exists

> indicates that a court would more likely than not find that express

> constitutional authority is necessary for legislation permitting a

> multi- jurisdictional library district established under Government

> Code chapter 336 to impose an ad valorem tax.

> 

> If the ad valorem tax authorized by Local Government Code chapter 336

> were constitutional, the library district board could have the tax

> collector of the lead governmental entity collect and remit taxes to

> the district. Although section 336.251 limits the board's authority to

> negotiate the tax collector's compensation, it appears that the

> Legislature may amend this provision without also amending the

> constitution.

 

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