Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Hon. Charley Loakhart
State Treasurer
Austin, Texas
Dear Sir:
create the Your letter of August
that this Department oonst the tern *present- ed to the State Treasurer the presenting ror payment 0r a warrant 9. Whfah held that You refer t
a warrant whioh ayment dthfn the period required d mot be paid.
payment, 'to be stifisient, easouable hour OR a business day; oper plaae as herein defined; person prlmmily liable on the f he is absent or ina~eoewlble, ound at the place where the pre- Seation 76 ander said Artiale provides: 'Vreaentient for payment is made at the proper p1aae :
Hon. Charley Lookhart, Page I?.
1. Where a plaoe or payment i0 epeolfied in the instrument and it is there presented; 2. Where ho plaoe of payment is epsaifled, but the address of the person to make payment ie given in the instrument and it is there presented; 3. where no pleas or payment 10 spesirisa and no address Is given and the instrument is presented et the ueual plaae of bueineas or resideme of the person to make.payment; . . ..a Section 74 Under said Artlole providee:
*The instrument must be exhibited to the person from wham payment is demanded, and when it is paid must be delivered~up to the party paying it."
Seotion 75 provides that where thr instrument is pay- able at a bank, preaentiaent ror payment mutt be made durtng bauklng houre.
It is the opinion of this Separtment that under the provisions of the hegotlable Instrument Act above eat forth, presentment for payment of a warrant dram on the State Trsatmrer must be presented to the State TPeasurer, and a deposit of a warrant in some bank to be transmitted by said bank and then presented to the Treasurer ior payment i6 not a presentment tor payment when came is deposited in the rorwarding bank, 4371 of the Revised Statate provides:
Artiole mNo warrant shall be paid by the Treaeurer unlese presented ror paymimt within two years from the aloee of the tissal year in wbioh such warrant was issued.*
Singe no one except the State Treasurer ie authorized to pay a warrant, and sinoe under the Negotiable Instru- ments Acts above quoted, in order to oomply with said sta- tutes the presentment must be laclde to the party who 18 oharged tith the payment thereof, A presentient for pay- ment within the provisions of said statutes means that the warrant must be presented to the State Treasurer at Austin, Texas, within the time limit.
713: Hon. Chrrley Lockhart, Page S.
ice am mare of the holdln6: of the Court of Crininal In spear 15. State, 52 S. ht. (24) 95, Appr:elu or thi5'State where it was held that e State warrant is not e negotiable instromnt under the law uerahant. Since, however, the LoCislature, in the Regotieble Instmuents Aot, has defined “preseni.?;ant for 9ayrient ,v and thereafter pas:ed the statute, being Artlole 4371, as emended la 1931, requiring state warrants to be presented for paynent tithin a definite period, we think the Leelslature intended to and did uss said words as it had theretofore derlned same.
we oenaot find any better deilnitfon than the one used by the LeGi?lsturs %n the Negotiable Instrument Act as to what the words or phrase Wpresentment for payment* means.
(Te trust thot the above satlsfaotorily answers your inquiry.
Yours very truly CWRrpbp