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REUTERS AMERICA, INC. v. SHARP

No. 3-93-124-CV.

889 S.W.2d 646 (1994)

REUTERS AMERICA, INC., Appellant, v. John SHARP, Comptroller of Public Accounts of the State of Texas, Martha Whitehead, Treasurer of the State of Texas, and Dan Morales, Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 25, 1995.

Attorney(s) appearing for the Case

David J. Healy; Arnold, White & Durkee, Houston, for appellant.

Dan Morales, Atty. Gen., Harriett D. Burke, Asst. Atty. Gen., Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and B.A. SMITH, JJ.

CARROLL, Chief Justice.

Reuters America, Inc. ("Reuters") challenges the constitutionality of the state tax scheme that taxes information services and exempts newspapers. See Tex.Tax Code Ann. §§ 151.0101(a)(10), .038(a), .319(a), (f) (West 1992) ("Tax Code"); 34 Tex.Admin.Code § 3.342 (1994). The Comptroller taxed Reuters as an information service, and Reuters filed a tax protest suit and declaratory...

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