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October20, 1972
Honorable Spencer Brown Opinion No. M- 1241 Kerr County Attorney Schrelner Bank Bulldln Re: Whether exemption from Kerrvllle, Texas 7802% ad valorem taxes may be ,accorded'property car- ried on the tax rolls aa owned by The Church In the Hills, Inc., a defun.c,t, non-profit Dear Mr. .Brown: corporation. You have requested an opinion of this Office,on the above captioned question, and in so doing, have supplied us with the following pertinent facts.
The Churc,hin the Hills, Inc. was ,chartered October 15, 1945. The purpose for which the corporation was organized was the "support of any benevolent, charitable, educational or religious undertaking as authorized by Subdivlslon 2 of,,Article 1302 of the Revised Civil Statutes of Texas of 1925 ... , The charter further stated that "no part of the earnings or assets of this corporation shall ever be &se to carry on any ac-' tlvitles other than those stated in Su%division 2 of Article 1302." On September 1, 1956, the chart,erof said corporation was forfeited because It had failed to file the refiortrequired by Article 9.01 of the Texas Non-Roflt Corporation Act.
The following excerpt Is from a letter by the,Honorable John P. Hill submitted in support of the clalm‘for exemption. "This tract containing approximately 82 acres was given to the fkurch In The Hills by E. J. Nick7 es about 1946 or 1948,. My father, Dr. P. B. Hill, who was former Captaln & Chaplain of the Texas Rangers, Missionary to Korea and Pastor of the First Presby- terlan'church of San Antonio for 20 years. Durlng that 20 years he broadcast his Sunday morning Service
-6076- Honorable Spencer Brown, page 2 (M-1241)
over W.0:A.I. in San Antonio. When he retired and moved to Hunt,Texas, he continued his broadcasts over W.O.A.I. under the nsme of The Church In The Hills. At his death, the broadcasts continued from his recordings for two more years. "I was made Treasurer and later, President of the organization and secured donations to It. '"In some cases, where someone would make a substantial donation, I would allow them to hunt deer and turkey on the 82 acre tract. "I leased the 16 ac. adjoining the 82 acres In question from the Hill Country Cowboy Camp Meeting Assoclatlon,~which my father also organized some 33 years ago and which 16 acres Dad helped pick out, and purchas'ed. The Camp Meeting 1,sstill golng on starting the first Sunday In August through the second Sunday In August and during those eight days the ranchmen's and visitors kids run all over the 82 acres having fun and recreation.
"There are no salaries or expenses of any kind taken from the revenue or donations to the Church In The Hills. The proceeds go to worthy students who are unable to pay the high college tuition of first class schools,,Missionaries in various countries, struggling churches"and the like. "InMarch or April, 1965, ... the charter was allowed to lapse or expire and The Church In The Hills continued to operate as an Association of the surviving members of the P. B. Hill family and several well qualified advisers (at no salary or expenses to anyone). A11 proceeds going to the Scholarships, Missionaries, Seminaries. "It 1s my belief that the property In question should come under Art. 7150, Section 1, Schools & Churches as well as Section 2, Christian Associations, and 2a, Religious, Educational and physical develop- ment associations."
-607-t- Honorable Spencer Brown, page 3’ (M-1241)
We quote the following excerpt from a letter written to you by the Tax Assessor-Collector of Kerr County, Texas: “The pertinent facts that were presented to this office concerning the ... &opertg.are as follows :, (1) Commisloners Court Order #11413 directed that a request for tax exemption be filed on each property requesting ad valorem tax,exemptions., (2) Request filed on property in question by John P. Hill, President of The Church of The’Hills Inc. (3) Exemption denied by Kerr County Tax Office. Ex!n~~~;;t~n;ed .because: apsed tid original not pre- aented to substantiate ownership or puFpo8a of creation. b Land being ‘leased for deer hu.nting. IC 1 Revenue received distributed to church grbups according to owner* but no evidence presented. (d) Owner’s reply to Application Ques- tion #12 was 81nvestmentt. (4) Applicant ap$ealed to Ctiissionera Court under authority granted by Attorney General’s Oljln+on&6g M-328. Exemption denied by Commissioners Court .~ ‘,11 56 Owner claims that Buthority to grant tax exemption lies in the power granted in the Texas Constitution, Article VIII, Section 2, Article 7150 (1, 2, & 2A VACS).” The Tax Assessor-Collector has also advised us that the tax records show’The’Church In The Hlllsl Inc. as owner of the property in question. The reference to ‘owner” in the above quoted excerpt therefore refers to “John P. Hill, president of The Church In The Hills, Znc.“, a position which he obviously cannot hold In what is now a defunct corporation. We agree with the concluaion’of the Tax Assessor-Collector and the Commissioners’ Court that exemption should be denied In this case,
-6078- Honorable Spencer Brown, page 4 (M-1241)
Article VIII, Section 2 of the Texas Constitution1 provides the’constitutional authorlzatlon for legislative exemption from taxation. The pertinent portion of that Article reads as follows: “Sec. 2. ...the legislature may, by general laws, exempt from taxation .,. actual places or fifJ religious worship ... .’ Pursua t to the above Constitutional authorization, the 60th Legislature!I amended Section 1 of Article 7150 by adding the fol- lowing thereto: t * l + l * l *
“l(a) .The term ‘actual places of religious worship’, shall include property owned by a church or by a strictly religious Institution or organ- ization; Including the personal property therein and the grounds attached to such buildings neces- sary for the proper use and enjoyment of same, used exclusively to support and serve the spread
1 Other Gonstltutional authorizations contained In this Article, such as that provided for the exemption of “property used exclusively and reasonably necessary In conducting any association engaged In promoting the religious, educational and physical development of boys, girls, young men or younn;women operating under a State or National organization of like charac- ter; also the endowment funds of such Institutions of learning and religion not used with a vlew,to profit; and when the asme are Invested In bonds or mortgages, or in land or other property which has been,and shall hereafter be bought In by such lnstitu- tlons under forecloeure sales made to satisfy or protect such bonds or mortgages, that such exemption of such land and property shall continue only for two years after the purchase of the same at such sale by such institutions and no longer, ...' are clearly Inapplicable to the facts of the case under consideration, as are Sections 2 and 2a of Article 7150; enacted in pursuance thereto and equally relied upon by the taxpayer In the lnatant case. 2 Acts .Lg67, ch. 336, p. 802, 81.
-6079- Honorable Spencer Brown, page 5 (M-1241)
of a religious faith, and to effect accompanying filq religious, charitable, benevolent and edu- cat onal purposes by the dissemination of lnfor- matlon on,a religious faith through radio, tele- vision and similar media of communication.
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October20, 1972
Honorable Spencer Brown Opinion No. M- 1241 Kerr County Attorney Schrelner Bank Bulldln Re: Whether exemption from Kerrvllle, Texas 7802% ad valorem taxes may be ,accorded'property car- ried on the tax rolls aa owned by The Church In the Hills, Inc., a defun.c,t, non-profit Dear Mr. .Brown: corporation. You have requested an opinion of this Office,on the above captioned question, and in so doing, have supplied us with the following pertinent facts.
The Churc,hin the Hills, Inc. was ,chartered October 15, 1945. The purpose for which the corporation was organized was the "support of any benevolent, charitable, educational or religious undertaking as authorized by Subdivlslon 2 of,,Article 1302 of the Revised Civil Statutes of Texas of 1925 ... , The charter further stated that "no part of the earnings or assets of this corporation shall ever be &se to carry on any ac-' tlvitles other than those stated in Su%division 2 of Article 1302." On September 1, 1956, the chart,erof said corporation was forfeited because It had failed to file the refiortrequired by Article 9.01 of the Texas Non-Roflt Corporation Act.
The following excerpt Is from a letter by the,Honorable John P. Hill submitted in support of the clalm‘for exemption. "This tract containing approximately 82 acres was given to the fkurch In The Hills by E. J. Nick7 es about 1946 or 1948,. My father, Dr. P. B. Hill, who was former Captaln & Chaplain of the Texas Rangers, Missionary to Korea and Pastor of the First Presby- terlan'church of San Antonio for 20 years. Durlng that 20 years he broadcast his Sunday morning Service
-6076- Honorable Spencer Brown, page 2 (M-1241)
over W.0:A.I. in San Antonio. When he retired and moved to Hunt,Texas, he continued his broadcasts over W.O.A.I. under the nsme of The Church In The Hills. At his death, the broadcasts continued from his recordings for two more years. "I was made Treasurer and later, President of the organization and secured donations to It. '"In some cases, where someone would make a substantial donation, I would allow them to hunt deer and turkey on the 82 acre tract. "I leased the 16 ac. adjoining the 82 acres In question from the Hill Country Cowboy Camp Meeting Assoclatlon,~which my father also organized some 33 years ago and which 16 acres Dad helped pick out, and purchas'ed. The Camp Meeting 1,sstill golng on starting the first Sunday In August through the second Sunday In August and during those eight days the ranchmen's and visitors kids run all over the 82 acres having fun and recreation.
"There are no salaries or expenses of any kind taken from the revenue or donations to the Church In The Hills. The proceeds go to worthy students who are unable to pay the high college tuition of first class schools,,Missionaries in various countries, struggling churches"and the like. "InMarch or April, 1965, ... the charter was allowed to lapse or expire and The Church In The Hills continued to operate as an Association of the surviving members of the P. B. Hill family and several well qualified advisers (at no salary or expenses to anyone). A11 proceeds going to the Scholarships, Missionaries, Seminaries. "It 1s my belief that the property In question should come under Art. 7150, Section 1, Schools & Churches as well as Section 2, Christian Associations, and 2a, Religious, Educational and physical develop- ment associations."
-607-t- Honorable Spencer Brown, page 3’ (M-1241)
We quote the following excerpt from a letter written to you by the Tax Assessor-Collector of Kerr County, Texas: “The pertinent facts that were presented to this office concerning the ... &opertg.are as follows :, (1) Commisloners Court Order #11413 directed that a request for tax exemption be filed on each property requesting ad valorem tax,exemptions., (2) Request filed on property in question by John P. Hill, President of The Church of The’Hills Inc. (3) Exemption denied by Kerr County Tax Office. Ex!n~~~;;t~n;ed .because: apsed tid original not pre- aented to substantiate ownership or puFpo8a of creation. b Land being ‘leased for deer hu.nting. IC 1 Revenue received distributed to church grbups according to owner* but no evidence presented. (d) Owner’s reply to Application Ques- tion #12 was 81nvestmentt. (4) Applicant ap$ealed to Ctiissionera Court under authority granted by Attorney General’s Oljln+on&6g M-328. Exemption denied by Commissioners Court .~ ‘,11 56 Owner claims that Buthority to grant tax exemption lies in the power granted in the Texas Constitution, Article VIII, Section 2, Article 7150 (1, 2, & 2A VACS).” The Tax Assessor-Collector has also advised us that the tax records show’The’Church In The Hlllsl Inc. as owner of the property in question. The reference to ‘owner” in the above quoted excerpt therefore refers to “John P. Hill, president of The Church In The Hills, Znc.“, a position which he obviously cannot hold In what is now a defunct corporation. We agree with the concluaion’of the Tax Assessor-Collector and the Commissioners’ Court that exemption should be denied In this case,
-6078- Honorable Spencer Brown, page 4 (M-1241)
Article VIII, Section 2 of the Texas Constitution1 provides the’constitutional authorlzatlon for legislative exemption from taxation. The pertinent portion of that Article reads as follows: “Sec. 2. ...the legislature may, by general laws, exempt from taxation .,. actual places or fifJ religious worship ... .’ Pursua t to the above Constitutional authorization, the 60th Legislature!I amended Section 1 of Article 7150 by adding the fol- lowing thereto: t * l + l * l *
“l(a) .The term ‘actual places of religious worship’, shall include property owned by a church or by a strictly religious Institution or organ- ization; Including the personal property therein and the grounds attached to such buildings neces- sary for the proper use and enjoyment of same, used exclusively to support and serve the spread
1 Other Gonstltutional authorizations contained In this Article, such as that provided for the exemption of “property used exclusively and reasonably necessary In conducting any association engaged In promoting the religious, educational and physical development of boys, girls, young men or younn;women operating under a State or National organization of like charac- ter; also the endowment funds of such Institutions of learning and religion not used with a vlew,to profit; and when the asme are Invested In bonds or mortgages, or in land or other property which has been,and shall hereafter be bought In by such lnstitu- tlons under forecloeure sales made to satisfy or protect such bonds or mortgages, that such exemption of such land and property shall continue only for two years after the purchase of the same at such sale by such institutions and no longer, ...' are clearly Inapplicable to the facts of the case under consideration, as are Sections 2 and 2a of Article 7150; enacted in pursuance thereto and equally relied upon by the taxpayer In the lnatant case. 2 Acts .Lg67, ch. 336, p. 802, 81.
-6079- Honorable Spencer Brown, page 5 (M-1241)
of a religious faith, and to effect accompanying filq religious, charitable, benevolent and edu- cat onal purposes by the dissemination of lnfor- matlon on,a religious faith through radio, tele- vision and similar media of communication. Such church,~rellglous'lnstltutlon,or organization shall be, or shall be sponsored by, a faith group, denotilnationor association of churches, which ordains ministers or.ele.ctsChristian Science Readers and establl,sheshouses of worship com- pletely dedicated to the propagation of the reli- glous faith of such faith groups, denominations or association of-churches." This seotlon~la valid Insofar as It Is within the Constltu lonal authorizations and llmltatlons of Article VIII, Sectdon 2.3 It ia evident that the property described In your request la not within the plain terms of the statute In that the prop- erty Is not owned by a church or a strictly rellglous lnstltutlon or organization. Furthermore, the exemption Eccorded real prop- e.rty belonging to such Institutions Includes ... personal prop- erty therein and the grounds attached to such buildlnR8 necessary for t-proper use and enjoyment of same ...". (hphasls ours.) Stated differently, the authorized exemption for I'actualplaces' of religious worship" extends only to the real property owned by a zhurch or reli+ous institution, and, further, requires that a building" or house of worship' of some kind be erected there- on. We thln~kthat this conclusion is'necessitated by a long line of decisions either approved or written by our Supreme Court. It was held in Trinity Methodist Episcopal Church v. City of San Antonio, 201 S W b6 (T C A 1916 f ) t ~parsonad;e'was9note$e~~; %er ei;h:~~~~~fo~s~~~~~lo~a~ authorlzatlon or the then statutory exemption . . . houses
3 City of Wichita Falls v. Cooper, 170 S.W.2d 777 (Tex.Clv. App. 1943 error ref )* Dlcklaon v. Woodmen of the World Life Insurance'Soc., 280 i.i.sd 315 (Tex.Clv.App. 1955, error ref.); 4 Tex.Jur.2d 200, 201, ~64, and authorltlea cited therein. Article 7507, 4 Vernon's Saylea' Texas Civil Statutes (1914;.
-6080- Honorable Spencer Brown, page 6 (M-1241)
used exclusively for public worship, the books and furniture therein and the grounds attached to such buildings necessary for the proper occupancy, use and enjoyment of the same, and not leased or otherwise used with a view to profit.” We quote the following excerpt from pages 669, 670: “The Constitution provides that all ‘t.axatlon shall be equal and uniform,’ and that ‘all property In this states,whether owned by natural persons or corporations, other than municipal, shall be taxed In proportion to its value, which shall be ascer- tained as may be provided by law. I Const . art. 8, Bl. To this provision general exceptions are made, under which the Legislature may exempt certain prop- erty specifically described. Section 2. In consld- erlng eXemptlone It is the rule that the law must be strictly construed and not enlarged, but confined to the very terms of the provision as to the exemption. Cooley, Taxation, p, 357. Following this rule the burden devolves upon any one seeking an exemption to bring himself clearly within the terms of the statute ‘or constitutional provision, and further, should any reasonable doubt as to the property being exempt arise, the doubt must be resolved In favor of the government levying the tax. Morris v. Masons, 68 Tex. 698, 5 S.W. 519. * + l + +
II ... The Constitution undoubtedly Intended in granting permission to the Legislature to exempt houses used exclusively for rellglous worship from taxation to grant permission to exempt the land on which the house Is built and other ground on which to enter and leave the church and ground Immediately surrounding the house which would be ‘grounds attached to such buildings necessary for the proper occupancy, use and,enjoyment of the same.” What would be nec- essary grounds would be a question of fact, but this would not render the statute unconstitutional. The Constitution will not be so construed as to defeat its own purposes, which would be the case If only the ground actually covered by the house used for
-6081- Honorable Spencer,Brown, page 7’ (M-1241)
religious worship was exempt. The construction must be reasonable and not such as to defeat the very end deslred."5 Although Section 2 of Article VIII was subsequently amended in 1928 so ai to authorize legislative exemption of "any property owned by a church or by a strictly religious society for,the ex- clusive use as a dwelling place for the ministry of such church or religious society, and which yields no revenue whatever to such church or religious society ...",6 the above quoted lnter- pretatlon of the authorization for exemption of "actual places of rellglous~worship" remains unchanged.7
SUMMARY Property carried on the ad valorem tax rolls as owned by The Church In the Hills, Inc., a defunct, non-profit corporation, and having no actual place of religious worship thereon, Is not exempt from taxa~tiohunder Article 7150(l)(a), V.A.T.S.
5 Later cases enunciating the general principles stated In the first quoted paragraph may be found In 54 Tex.Jur.2d 200-206, Tsxatlon, 8864-65. 6 Implemented by the enactment of Article 7150b, V.A.T.S. The 1928 amendment has been construed ;y the Supreme Court as em- powering the Legislature to determine ... who, and what activities shall constitute the ministry of a church", rather than limiting the exemntlon to a dwelling olace for Its mlnlstrv owned and used by an lnblvldual church. McCreless v. City of Sak'Antonio, 454 S.W.2d 393 (Tex.Sup. 1970). 7 54 Tex.Jur.2d 214-216, Taxation, 869.
-6082- Honorable Spencer Brown, page 8 (M-1241)
Prepared by Marietta McGregor Payne Assistant Attorney General
APPROVED: OPINION COmMITTEE Kerns Taylor, .Chalrman W. E. Allen, Co-Chairman James H. Broadhurst Bill Campbell Gerald Ivey Bob Davis SAMTJEL D. MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant
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