Untitled Texas Attorney General Opinion ( 1944 )

..... OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN OllOVII SILLI”. r-y-r”c* o&..a :: Honorable Jesse Jamos State rreasurer AusLin, Texas Dear br. James: total of $2,86 ious accounts, which had ever t the above aruounts,belonged the State and the custody or the State, ve nks covering the accounts and tional Ilank, Austin, Texas ssioner of Insurance $30.78 b institute‘ .80 & blind institute .I58 rguson,Crockett Hoad Districts 16.25 ards, State Treasurers berdeau, Treasurer State Labor Comudssion '16.oo Texas l~ehabilitati.onConmission (Adm.Fd.) 3.22 Charley Lockhart, State Treasurer i Trust Fund 127.68 9f37.71 #Austin NatiomL Ilank,Austin, Texas 5. li.Terrkll, Comptroller $ .?o .m .honorabse Jesse Jauiev - page 2 *Capitol National Lank, Austin, Texas - Sam Sparks C. D. Special 1820 $392.37 State Land Account 1928 l,I#1!3.03$2,255.40 . 'Parmers & herchants State Dank &:Trust Co., husk, Texas Texas State Uospital, Susk;Texae (26 Years Old) $ 6 .oo 6 .oo *r'irstNational Bank, tIuntsville,Texas I. AL. Dickey, Prison Account $ 15.17 15.17 . vFirst National Bank, Waco, Texas State Uanking hoard (1925) $ 177.54, 177.64 *Guaranty Bank & Trust Co., Gatesville, Texas. Juv&nile Training Free Textbook Fd.( (1938) $ 26.20 $ 25.20 TOTAL $2,667~ .The above banks have paid drafts drawn on them- selves, signed Jesse James, State Treasurer, Por the amounts indicated and charged same against the accounts as listed. *Ye are without information relative to the origin- al source of the runds in question other than that they have been held by the banks a,sinactive accounts for a period rang- ing from seven to twenty-five years. *The sum 'of @.,667.32 having been,nithdrawn from the banks by State Treasurer's draft is now held in The State Treasurer's Suspense account. aWe respectfully request your advice as to whether those funds can be transferred from the Treasurer's Su?pense account, and if so to what State funds they should be credit- ed.' 1x1our Opinion No. O-245, addressed to Honorable Tom C. king, State Auditor , .ofdate January 15, 1940, con- struing the pertinent statutes, we said: . . tionurableJesse Jams page 3 "The readin,%OS the above quoted Article clearly indioates t!!atthe procedure for final payment into the Sta,teTreasury is by the is- suance of a deposit varrant. Such deposit warrant is issued to the particular fund to shich the money goes. Lt is true, then, that until the fund to which the money should go is determined the deposit warrant to that fund cannot be issued for such money. For this reason, it is our opinion that in a case where money is paid to one of the departments of the State, and there is a question as to which par- ticular fund said money should go, the same may * properly he paid into the Suspense Fund because said money cannot be placed into the proper fund until a deposit warrant for such money is drawn. Only then is the money paid into the Trcasurg + ihilo the particular destination of the fund is in question, even though there is no question as to the State's right to the money, we feel that the money comes within the category of *money which is awaiting the time when it can finally be taken into the Treasury* as set Out in Article 43138. You are, therefore advised that in cases where there is an actual doubt as to the particular fund to which a money should go said money may properly be placed in the Suspense Fund by the head of a department." . In view of the rule there nnnounced, it is the opinion of this Uepartment the items mentioned by you .~ whose source and status as State property are unhnown, must remain in the Suspense Account until in some way the proper status and disposition thereof arc ordered.by a court of competent jurisdiction, or by legislative act. The court method could be by an escheat procdcd- ing, under Title 53 of the hcvised Civil Statutes. Under the facts stated by you, we deem it to be within the realm of your duty to call the matter to the at- tention of the District.or County Attorney of this county, under Article 3273 of the iteviscdCivil Statutes of the above title, to the end thathe may institute the proper Honorable Jesse James - page 4 proceeding to have the funds escheated to the State of Texas, in which proceeding the proper disposition oT the Eoneys may be bade. Very truly yours ATLTTUdlil+X tiliNE~iAL UI: ‘l’EXA 0 S-Ail& i