Untitled Texas Attorney General Opinion ( 1940 )

OFFICE OF THE Arro’lp&SY ,GENERAL OF TEXAS A&IN -norable GeorgmR. Shemrd Cmst~l~erlaf Pub110 Aooounts I /c,, /i Dear Sir! forged endorseniant? thie departnsnt on orlzed to lsaue owner of an 1 warrant 113 and is neither lort aor dam- poeaeaaicm of whioh is pur- by the bank tmm the true owner the bank has previously paid n afzilseor forged lndortmwnt? er you to Article 4666, R. cII61.‘ also to your opinion nu$bered O-898. *This request im mede wf%‘nreferenos to warrant6 other than unemploymmt ormgensation warrante.(I Axtiole 4366, Vernon*6 lnnOtated Oiril Stat&Ate,. made as followe: Honorable George H. Sheppard, Page 2 *The Comptroller.when satisfied that any original warrant drawn upon the State Treasurer has been lost or destroyed, or when any oertifi- cats or other evidence of indebtednessapproved by the auditing board of the State hae been lost, Is authorizedto issue a duplioate uarrant in lieu of the originalwarrant or a dupllaateor a copy of suah certificate,or other evidence of IndebtednessIn lieu of auoh original; but no such duplicatewarrant. or other evldenoe of ln- debtedness,shall lrsue until the appllcrantha6 filed piiththe Comptrollerhis aftidavit, stat- ing that he Is the true owner of'suuh instrument, end that the same is In raot lost or destroyed, and shall also file with the Comptrollerhis bond in double the amount of the olaim with two or more good and aurfleient sureties, payable to the Governor, to be approved by the Comptrol- ler, and oonditionedthat the applicant will hold the State harmless and return to the Comp- troller,upon demand being made therefor, such duplicatesor ooples, or the smount of money named therein, together with all ooats that may acorue against the State on oolleotingthe same. After the issuance of said duplicate or oopy if the Comptroller should asoertaln that the same was improperlyissued, or that the applissnt or party to whom the same was Issued was not the owner thereot, he shall at on08 demand the return of said duplioate or oopy it unpaid, or the amount paid out by the State, IP so paid; and, upon iallure of the party to return same or the amount of money dalled.for,suit shall be institutedupon said bond in Travfe eountyi' We quote from Texas Jurlsprudenoe,Vol. 34, page 636, as followsr *A state, munioipal, aounty, district or school warrant is an instrument, generally in the form of a bill of erahange or order, drawn by an officer upon the person having cherge of the public funds, directing him to pay an amount or money speciried to the person named, or his order, or to bearer. In substanaewar- rant.%are mere promises to pay the amount Honorable George H. Sheppard, Faze 3 specified;they are not bonds, nor are they negotiable instruments;they are only priaa facie evidenoe of an indebtedness,serving aa the oonvenientmode of conductingthe pub- lio*a business." Article 4365,.aupra,defines the extent and linita- tlon of the power of the Comptrollerof Fubllo Aooounta or the State of Texas to issue duplicate warrants. The statutes of the state sre silent upon the authority of the Comptroller to issue duplioatewarrants exoept in the express lnatenoe of loss or destruction. Consequently,where a warrant la still goayaatence the Comptrollerho8 no authority to issue a dup- . In our opinion No. 0-3S5, it was held'thst: *It is our opinion that Article 4365 prohibits the lsauanoe of a duglioatewarrant where the loss or destructionof the origl- nal has not boen called to the attention and provad to the aatiafaotlonof the ComptrollerIn the menner provided In said statute." Under the faota and olrcumatsnoesstated in your letter, we are of the opinion that the proper 2rooedurewould be for the owner of the warrant in question to Institutepro- ceedings for the possessionof the warrant egainat the perty holding said warrant rrom him. In vfew of the forgoing, your question is reapeo- tively answered in the negative. Trusting that the toregoing @il.lyanswers your ln- quiry, we remain Yours very truly ATTORNEY GX?U?%L OF~kAS Dy-ML Ardell Piilliama Assistant c APPROVED oPlNmN co~Mnr88 tw-