Legal Opinion

Opinion No.

Texas Attorney General Reports

Decided November 30, 1978Published

1Opinion of the Court

Mr. Homer A. Foerster Executive Director State Board of Control L.B.J. Building Austin, Texas 78711

Re: Whether state agencies may pay the `special municipal tax or charge' on telephone bills.

Dear Mr. Foerster:

You ask whether state agencies may pay a `municipal franchise charge' which appears on telephone bills. Utilities frequently enter into franchise agreements with cities authorizing them to use the city's streets in exchange for the payment of a percentage of the gross receipts received for rendering services locally. The percentage of gross receipts paid to the city varies according to…

2Cases cited16 opinions

  1. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  2. Conlen Grain & Mercantile, Inc. v. Texas Grain Sorghum Producers BoardTexas Supreme Court · 1975
  3. Texas & Pacific Railway Co. v. City of El PasoTexas Supreme Court · 1935
  4. County of Harris v. ShepperdTexas Supreme Court · 1956
  5. Portland v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916

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