Texas Attorney General Opinion: MS-93 Page: 2 of 5

                                
Hon. Raymond E. Magee, page 2   (MS-93)
property and real estate, shall be listed as other
personal property and real estate."
We summarize the fact situation involved in your re-
quest as follows: A local unincorporated bank rendered its
1953 personal property by deducting its money on deposit, list-
ed under subdivision (3), not only from its cash and its time
and demand loans, listed under subdivisions (1) and (2) re-
spectively, but also from its stocks and bonds, listed under
subdivision (4).
The question for determination is whether deposits are
deductible from the amount of bonds and stocks which the bank
is required to list under subdivision (4).
In Griffin vo Neard, 78 Tex. 607, 14 S.W. 892 (1890),
the court said in construing Article 4684 of the Revised Stat-
utes of 1879 (now Article 7165, V.C.S.):
"It must be borne in mind that Articles 4669,
4670, 4671, 4672, and 4673 of the Revised Statutes,
define the property in the state which is made sub-
ject to taxation.
"Article 4671 Lnow Article 7147, V.C.Sj7, among
other things provides that 'personal property shall,
for the purposes of taxation, be construed to include
all goods, chattels, and effects, and all moneys,
credits, bonds, and other evidences of debt, owned by
citizens of the state, whether the same be in or out
of the state; *** all moneys at interest either with-
in or without the states due the person to be taxed,
over and above what he pays interest for, and all
other debts, due such persons, overand above their
indebtedness,' etc. Article +672 /ow Article 7149,
V.C.SJ declares that 'the term, "money or moneys,"
wherever used in this title   shall, besides money or
moneys, include every deposit which any person owning
the same, or holding in trust, and residing in this
state, is entitled to withdraw in money on demand;'
and that 'the term "credits," wherever used in this
title, shall be held to mean and include every claim
and demand for money, or other valuable thing, and
every annuity or sum of money receivable at stated
periods, due or to become due, and all claims and de-
mands secured by deed or mortgage, due or to become

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