Untitled Texas Attorney General Opinion ( 1939 )

THEAITORNEYGENE~L OF TEXAS Hoti.J. H. Rasco, Executive Head Livestock Sanitary Commission W.,T. Waggoner Bulldlng Fort Worth, Texas Dear Sir:' Opinion WO. 0-1163 Re: The power of the Livestock Sanltary Commission to sell Its surplus dip and credit the proceeds received to the department'sappropriationfor dip material and paint. Your request for an opinion advising you what may be done with your surplus dip, has been received by this department. You ask if your Department may sell Its surplus dip and credit the proceeds therefrom to the dip material and paint appropriationfor the flsaal year endlng August 31, 1940. There is no authority, statutory or otherwise, permitting your department to sell any state property. While the dip has be&n purchased by the Board of Control and turned over to your department, it Is neverthelessstate property. The same rule is applicable to all state property in the possession of state departments. If the surplus dip is no longer useable, and Ft is not good business policy for you to move the dip to some other county where it is needed and you desire to dispose'of It, you can only turn it over to the Board of Control. In the event the Board of Control should sell the property at public auction, the funds received therefrom would go into the general funds of the state and could not be credited to your department for use In purchasing dip materials for the Piscal year ending August 31, 1940. It has long been the policy of the Comptroller's office upon receipt of fupds from a state department to in- Quire as to the source of the funds and to apply them as a Credit on that department'sappropriation,but such funds cannot be wlthdrawn at a later date. Eon. J. Ii.Rasco, page 2 o-1163 You are, therefore,advised that it is our opinion that you have no authority to sell the surplus' dip in-,any manner. Yours very truly A!I'!l'ORNRYGRNERALOF TRXAS By s/Morris Hodges Morris Hodges Assistant MH:ebrwc APPROVgD AUO..IOj1939 s/Gerald C. Mann ; ~,. ATTORREYGBTFIRAL'OFTl& Approved Opinion.Committee; By s/RWF Chairman