Legal Opinion · Dissent

Travis Central Appraisal District v. FM Properties Operating Co.

Texas Court of Appeals, 3rd District (Austin)

Decided June 26, 1997No. 03-96-00043-CVPublished

1DissentPowers, Justice

I respectfully suggest the majority confuse the legislature’s undoubted power to prescribe a method for appraising market value with a power the legislature undoubtedly does not have — a power to authorize taxation of real property on a basis other than its actual market value. I believe Tax Code section 23.12(a) is unconstitutional on its face insofar as the statute applies to real property-

The constitution requires that all taxable real property “shall be taxed in’proportion to its value, which shall be ascertained as may be provided by law.” Tex. Const, art. VIII, § 1(b) (emphasis added).…

2Cases cited8 opinions

  1. Whelan v. StateTexas Supreme Court · 1955
  2. Rowland v. City of TylerTexas Commission of Appeals · 1928
  3. Enron Corp. v. Spring Independent School DistrictTexas Supreme Court · 1996
  4. State v. Federal Land Bank of HoustonTexas Supreme Court · 1959
  5. State v. RichardsonTexas Supreme Court · 1935

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