Case Information
*1 C--.
June 1, 1948
Hon. George Ii. Sheppard Comptroller of Public Accounts
Austin, Texas
0p1a10a lo. v-592 Re: The legality of expead- lag State funds to pay thb Federal Oov&rnmeat for loss of or damage to Federal property assigned to the Texas Dear Sir: Rational Guard.
Your recent request for an opinion on the above queetion reads as follows:
“The Fiftieth Legislature made the follolilllg Approprlatlon:
“‘109. Replacement of, payment for, repair and rendvatlon of lost and unservlce-
able property, including transportation on
property purchased and transportation on
property turned la by the Texas Rational
Guard units . . . i
“I am now being pre~sented with an ac- count drawn la favor of the Federal Qovern- meat to pay for stolen or missing property,
damaged and wrecked truck. “Please advise if the enclosed accounts, .: I !,;.,!i ln’who$e or part, are a legal charge against .~.;, ,I. _ j,-. ( ‘,
State funds. U To your of you at,taB<ed three letter Reports of Survey on property of the UnLted States, lost or damaged while assigned to the,,.Texae Rational Guard. We do not conceive it to be ,Wl’ office to ex- J press an opinion as to the aufficlencg or correctness of the Reports of Survey and shall for the purposes of this opinion assume that the same are in correct *2 Eon. George H. Sheppard, Page 2 (V-592)
form and legally lations of the Texas Rational Guard and the United sufficient under the rules and regu- States governing Reports of Survey.
In your you quoted the provisions of paragraph 109 of the appropria$lon made by the Flf- tleth Legislature to the Adjutant General’s Department.
Acts 50th Legls. R. 5. 1947, p. 8~07. 5798, V, C. 3.; provides in part:
” . . . he (the Adjutant General) shall see that all military stores and supplies
both the property of this State and of the
United States .are proper.ly. cared for and
kept in good order, ready for use; and all
acCounta which ‘hay accrue against this
St$te under the p?ovlsions of this chapter
shall, if correct, be certified and approved
by the Adjutant tinegal and paid out of the
State~,Tredsqy as other claims are paid.
.Artlcle 5799, V., C. S., provide,s: “The Assistant Quartepmister General shall be appointed by the Gove.rnor Lou the
recommendation of the Adjutant General . .
. . He shall be responsible for all quar-
termasters, subsistence, ordnance,~ medical,
signal, and 311, other military store? and
supplies belonging to this State, .,or which
may be issued to this State by the United
States . . ;.~prepare such returns o,f all
quartermasters, subsistence, ordnanhe, med-
ical, signal and other military stores and
supplies that hape been issued to this
State by the United States at the times
and in the matner required by the Secretary
of War . . .
32 U. 5. C. A., Sec. provides: n . . . Whenever any such property ls- sued to the IVatlonal Guard in any State or
Terrkt,ory or the Dlst,rlct of Columbia shall
hate be@ lost, damaged,, ,.or destroyed . . .
it sh&l$’ bye examined bg,a ,dislnterested
surveylng~ officer of ‘the Regular Army or
Hon. George B. Sheppard, Page 3 (V-592)
the National Guard . . . and the report of
such surveying officer shall be forwarded
to the, Secretary of War, or to such officer
as he shall designate to receive such re-
ports; and if it shall appear to the Secre-
tary of War from the record of survey that
the property was lost, damaged, or destroyed through unavoidable he is hereby causes,
authorized to relieve the State or Terrl-
tory or the District of Columbia from fur- If it shall
ther accountability therefor.
. . .
al . . . and the net proceeds of collections
made from any person or from any State, Ter- ritory ment for the loss, damage, or destruction or District to reimburse the Govern-
of any property, shall be deposited la the
Treasury of the United States as a credit
to said State, Territory, or the’Dlstrict
of Columbia, accountable for said property,
and shall remain available the throughout
then current fiscal year and throughout the
fiscal year following that in which the
sales, stoppages, and collections were ef-
fected, for the purposes provided for in
that portion of its allotment set aside for
the purchase of similar
or material of war . . . V. C. S., provides:
“The cost of arms, equipment, and all other military cost of repairs or damages done to arms, e- supplies and stores, and the quipment and all other military supplies and stores, shall be deducted from the pay of
any officer or soldier la whose care or use J the same were when such loss, destruction
or damage occurred, if said loss, destruc-
tion or damage was occasioned by the care-
lessness, neglect or abuse of said officer
or soldier. ’
Hon. George H. Shepperd, pa@ 4 .(V-592),
,You are therefore advised that the ‘money val- ue of any United. States property assign&d to the Texas National Guard which Is lost, dainaged’oti destroyed due to carelessness or neglect, br if it,s .loss, damage, or destruction could haves been avoided by the exercise of reasonable care, is a legal charge against State funds.
The cost .of, any such property which is lost, damaged or destroyed~due to the carelessness, ,neglect or abuse .of any officer or soldier while in his care or use is to be deducted from such officer’s or soldier’s pay.
SUMMARY The money. value of any..United States property assigned to, ,the Texas I?atlonal
Guard which is lost, damaged, or .destroyed
due to Carelessness, or neglect, or elf the
loss, damage, OF destruction could have of reasonable
been avoided by the exercise
care, is a, legal charge against State funds
appropriated partment for such purpose. Acts 50th Leg. to the Adjutant General’s De-
R. s. 1947, p. 807, par. 109.
Yours very truly, ATTORNEY GENERAL OF TEXAS DMG:eh:ui j