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Staff Report, on May 1, 2014
San Marcos boutique seized for tax arrears

By Andy Sevila

A small bridal boutique in San Marcos was seized after years of unpaid property taxes.

Hays County took hold of Miracles boutique located at the Hopkins Street and Bishop Street intersection after a delinquent property tax warrant was executed at the shop in mid–April. Miracles boutique had not paid its property taxes since 2009, and owes more than $5,000 in base taxes, penalties and interest, and attorney’s fees.

Hays County Tax Assessor–Collector Luanne Caraway said in a statement that most businesses in Hays County pay their taxes on time and in full, but when needed her office works with delinquent taxpayers to arrange payment for what is owed. 

“Seizing and selling the personal property of a business is a last resort when we have no other choice,” Caraway said. 

The Hays County Tax Office was seeking more than $26,000 due on back taxes, penalties, interest and attorneys’ fees on two San Marcos businesses — Miracles and the Signature Perfume shop at the San Marcos Outlet Mall.

Signature Perfume paid its total amount due when deputy constables arrived executing a delinquent tax warrant, which allows peace officers to take possession of a property or collect the outstanding tax delinquency.

It’s not clear how much the constables collected from Signature Perfume, but that business is now paid up, according to tax records.

The constables also executed a delinquent property tax warrant at Miracles boutique, but the owners were unable to pay their due amount and the business was seized, according to county officials.

Jeff Garcia, a partner in the Linebarger Goggan Blair & Sampson law firm, which represents the San Marcos and Hays school districts in tax delinquency cases, said taxing entities could apply to the district court for the warrant allowing asset seizure.

“A tax warrant is a procedure that allows a peace officer to go to the place of business and immediately take possession of the property or collect the outstanding tax delinquency,” Garcia said. “If the taxes continued to remain unpaid, the property can be sold at an auction.”

The two executed warrants are a continuation of the tax office’s proactive program aimed at collecting delinquent taxes owed to Hays County taxing entities, Caraway said. The program consists of monthly lawsuit filings on real and personal property, tax warrants and regular tax sales scheduled throughout the year, she said. 

Officials stressed the importance of contacting the tax office and arranging a payment plan should property owners fall behind on the annual payments. Garcia said that if taxpayers don’t contact the tax office, officials have no choice but to file lawsuits or tax warrants and sell properties to satisfy taxes owed.

Garcia said property taxes help pay for law enforcement, good roads, parks and public schools, among other things. Lack of funding could shortchange some government programs, he said.

“Our tax dollars pay for these things and when someone doesn’t pay their taxes, they’re not only shortchanging local government, they’re shortchanging their families, friends and neighbors.”

The Hays County Tax Office contracts with three law firms to collect delinquent taxes. Perdue Fielder Collins and Mott, P.C. collect taxes for the Wimberley and Dripping Springs Independent School Districts, and McCreary Veselka Bragg and Allen, P.C. collects for the county and the remaining taxing units in it.

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