Texas Attorney General Opinion: M-445 Page: 2 of 5
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Hon. Robert Buntyn, page 2 (M-445
The facts giving rise to your request for such opinion
are as follows:
"In January of 1969 the Hon. Kent
Birdwell, Tax-Assessor Collector of Castro
County, made demand on Dimmitt Feed Yards,
Inc., a custom cattle feeding lot situated
in Castro County, for a list containing
the names of the owners and the number of
cattle each owner had located in the Dimmitt
Feed Yards, Inc. lot in Castro County as of
January Ist, 1969. Dimmitt Feed Yards, Inc.,
after some discussion, agreed to furnish the
names of the owners having cattle placed
with them on that date but would not furnish
Mr. Birdwell with a list containing the
number of cattle placed there with them by
each owner on January Ist, 1969."
Specifically, you have asked whether Dimmitt Feed Yards,
Inc. is obligated to furnish a list to the Tax-Assessor Col-
lector of Castro County, containing the name of the owners and
the number of cattle each owner has placed in such commercial
feeding yard as of January Ist of such year upon demand by the
Tax-Assessor Collector. You further asked whether or not the
penal provisions of Article 7243 would apply in. the event the -
commercial feed lot in question failed to comply with the Tax-
Assessor Collector's demand,
In our consideration of this question we are assuming
that Dimmitt Feed Yards, Inc. is a commercial feed lot having
as its primary function the "finishing out" of cattle for
market. We assume that the cattle under the control of this
feed lot were placed there by their owners for the primary
purpose of having their weight substantially increased and not
merely for safekeeping. Although your request did not state -
such, we understand the customary practice in feed lot operat-
ions is that the owner of the cattle compensates the feed lot
for the weight added to cattle as opposed to compensating the
feed lot for the period of time that the cattle are in the
possession of the feed lot.
Whether Article 7243 is applicable to Dimmitt Feed
Yards, Inc., thereby making such lot obligated to furnish the
list to which you refer, necessarily involves a resolution of
the question of whether a commercial feed lot is a "place of
storage" as that phrase is used in said statute.- 2207 -
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-445, text, August 11, 1969; (https://texashistory.unt.edu/ark:/67531/metapth269667/m1/2/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.