Excel Auto & Truck Leasing, L.L.P. v. Alief Independent School District

I concur in the judgment and I dissent from denial of appellant/taxpayer Excel Auto & Truck Leasing, L.L.P.’s (“Excel” ⅛ or “Excel Auto’”s) motion for rehearing. This suit for delinquent ad valorem taxes is important both as a tax case and as a case of first impression in Texas regarding the distinction between a lease and a security agreement under section 1.203 of the Uniform Commercial Code (UCC), codifying former section 1.201(37) of the Code. The issue is whether Excel, a motor vehicle leasing company, is the owner for ad valorem tax purposes of the vehicles it leases or whether the…