Opinion

Harris County Appraisal District v. Transcontinental Gas Pipeline Corp.

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jan 22, 2004
Status
Published
Cited by
0 cases
Authority
More cited than 35.2%

The opinion

Opinion issued January 22, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01-02-00911-CV

____________

HARRIS COUNTY APPRAISAL DISTRICT, Appellant

V.

TRANSCONTINENTAL GAS PIPELINE CORP., Appellee

On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Cause No. 2000-10589

MEMORANDUM OPINION

Appellant, Harris County Appraisal District (HCAD), appeals from the trial

court’s judgment ordering HCAD to correct the tax appraisal rolls for three previous

tax years to take into account interstate allocation for aircraft owned by appellee,

Transcontinental Gas Pipeline Corp. We reverse the trial court’s judgment and

render judgment that Transcontinental take nothing by way of its suit.

Facts

The parties submitted the case based on stipulated facts. Transcontinental is

a Delaware corporation with its principal place of business in Houston.

Transcontinental owned various aircraft that it maintained in hangar space at Bush

Intercontinental and Hobby airports. The aircraft had a taxable situs in Texas from

1995-98 but were used nationwide. Transcontinental rendered

its airplanes for

taxation for tax year s 1995-98. HCAD appraised the aircraft without allocating value

for use outside the state of Texas.

Initially, Transcontinental did not request

allocation of the value of the aircraft, but later timely filed motions pursuant to Tax

Code section 25.25(c)(3) to amend the appraisal rolls for tax years 1995 through 1998

to include an allocation offset. See Tex. Tax Code Ann . § 25.25(c)(3) (Vernon

2002). After the appraisal review board denied the motions, Transcontinental sought

judicial review in the district court. Following a bench trial held upon an agreed

statement of facts, the trial court rendered judgment in favor of Transcontinental and

ordered HCAD to amend the appraisal rolls from tax years 1995 through 1997 to take

into account non-Texas use in appraising the value of Transcontinental’s aircraft.

The trial court denied relief for tax year 1998.

Correction of Appraisal Rolls

In its sole point of error, HCAD argues that the trial court erred in rendering

judgment for Transcontinental and ordering that the 1995-97 appraisal rolls be

corrected to reflect interstate allocation for Transcontinental’s aircraft.

Standard of Review

The case was tried pursuant to Texas Rule of Civil Procedure 263. See Tex.

R. Civ. P. 263. A case submitted under rule 263, like a special verdict, is a request

by the parties for judgment in accordance with the applicable law. See Chiles v.

Chubb Lloyds Ins. Co. , 858 S.W.2d 633, 634 (Tex. App.—Houston [1st Dist.] 1993,

writ denied). There are no presumed findings in favor of the judgment because the

trial court had no factual issues to resolve. See Stewart v. Hardie, 978 S.W.2d 203,

206 (Tex. App.—Fort Worth 1998, pet. denied). The only issue on appeal is whether

the trial court correctly applied the law to the agreed facts. Harris County Appraisal

Dist. v. Transamerica Container Leasing Inc., 920 S.W.2d 678, 680 (Tex.

App.—Houston [1st Dist.] 1995, writ denied). Because the issue is purely a question

of law, our review is de novo. Stewart , 978 S.W.2d at 206 .

Controlling Case Law

This Court recently held that a prior year’s appraisal roll could not be corrected

pursuant to section 25.25(c)(3) to reflect previously unrequested interstate allocation

of property. Harris County Appraisal Dist. v. Tex. Gas Transmission Corp ., 105

S.W.3d 88, 98-99 (Tex. App.—Houston [1st Dist.] 2003, pet. filed). In its brief,

Transcontinental asks that we reconsider arguments addressed in previous opinions

that (1) Tax Code section 21.03 was not declared constitutional by the Texas Supreme

Court until 1998; (2) we relied on inapplicable cases; (3) the Legislative history of

section 25.25(c)(3) and the fact that the Legislature did not overrule our holding in

Himont U.S.A. Inc. v. Harris County Appraisal District, 904 S.W.2d 740, 744 (Tex.

App.—Houston [1st Dist.] 1995, no writ)

by statutory amendment show a legislative

intent contrary to Texas Gas Transmission ; (4)we should rely on an Attorney

General’s opinion that discussed Himont ’s now-overruled holding; and (5) several

policy and fairness arguments support its interpretation of section 25.25(c)(3). Each

of these arguments has been explicitly rejected by this Court. See Harris County

Appraisal Dist. v. Panhandle Eastern Pipeline Co. , No. 01-02-00282-CV (Tex.

App.—Houston [1st Dist.] Jan. 8, 2004, no pet. h.); Harris County Appraisal Dist. v.

Trunkline Gas Co. , No. 01-02-00289-CV (Tex. App.—Houston [1st Dist.] Jan. 8,

2004, no pet. h.). Accordingly, for the reasons set out in Texas Gas Transmission and

its progeny, we sustain HCAD’s sole point of error.

We reverse the judgment of the trial court and render judgment that

Transcontinental take nothing by way of its suit.

Evelyn V. Keyes

Justice

Panel consists of Justices Taft, Keyes, and Bland.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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