Case Information

*1 48( OFFICE OFTHE ATTORNEY GENERALOFTEXAS

AUSTIN HomormeasorgeE.mheQp5rd

thmptxoller of FubUo A.acotmts

Austbn, m3xau

DerrUr.sheppard:

We ham your r egal opioion as e%.+y

tollowsl <

lost In the the Dallas &l- ct or w'as Ieut allar3 3.ndepend6nt er it had been FB- 1oet from the n&s- "The iIall.ae Independent School, Ms- trim ofaus that it being a political uubdiyiaion OP the state it le not cc qu3md to gzlve bond. I will thmtc you to advise thie department whet&or the

481 lionomblo George ii. sheppwd - Pago

Comptxolle~ is autharieed to issue

duplicate nrrant without the School District filing its a.Hidavit znd

bard, as required by Artkla 4336,

V. A. C. S.

*If you hold in your opinion that the po1itiW.l eubdiYision is

Mt required to give borvl for tb0

isamnce of a dupllaate warrant,

then,waat 0~ldenco,or al&~,

would be required of th0 disfrtct

before this departaentoouldism0

tho duplioato warranttm

The pertknfmt pat of Artlclo 43811 of our no- vised civil stetutes is as followsr

*The Comptroller, when satis- fisd that any origln01 warrant

drawnupon tha Stata Traaeurerhas

been lost or d0stroyed, or Ben

any oertitXcat0 or 0tho.r mi.dence

Op Indebtedness apprvved by the

audlt~ board of the State has

been lost, IS Ruthoclsed to issue

a dllglioalm wzu-ram t In lieu of the

orIgInal warrant or a duplicate or 0 copy of such aertifzlcate, or other OvlLdeme of kndebtsdneee In lieu of euoh orl&nal~ but no suab dupldmte warrant, Or other crridame of incWate&- MOB, &all issue until the applieenf has Piled with the Coz~tr~llC~ his affidavit, stating t&at he is the

tru0 owner of ouab instrumnt, and that tho scam is In fact loat or des- troyed, and s.hdLl also filo with the Coxptrolle~ his bon& in double the amount of the olatx with two or more good and supffciant mrotlee, payable to the GoYernor, to be approved by the Comptroller, nrkd eoEd.itimmd that the appllcsnt wQ.1 hold t&a State berm- 10~5 and return to t?ae Cotnptcoller, np- on &sand being mde theeofori such

gonor~30 George U. Sheppard - page 3

dupliostos or oogdBs, or the anPunt of mmxy zLam3d themln, tog&her with a22 costs that may accrus sgxl.nst the Stats on colleating the 6aco. * * iP

This statute is plain and una&iguaas. It es- presaly forblds the issU&lICe Of a dllfliG8t0 warrant un- less the opplicaut aaball also file with the Comptroller hlsboudiudouble the aamuut aC the cla2uwithtwo or mm good and sufficient sureties, pfqsble to the Gwernor, to be approved by the Coxuptroller, aud oonditiemd that the applicant will hold tho State harmless abl return to the Goxqtrollor, upon domand being made therefor, such &upll.cates or oopfes, or the amount of money nsmsd there- in, tog;ether with all oosts that may acoruo against ths State on oollwting the ~aane.~

The utatute is general aud applies to all payees of State warrants who, by reason of loss or destruction of see& to hava a duplioato issued. Ito exue tlon the warrant, whibtwer is nade and none is to bo read into ths statu 8 un- E less such an exsept2on is one aompelled by 6081~ other stat- ute or superved.ng public polioy. Ho such extra-omUuury situation as thds 28 presronted by your letter.

The gencmal rule of statutory oonstruotioqpre- scribed by statute itself, Is that 011 statutes are to be liberally ooxuita'ued rith a Yisw to effect their objects and to pros&s justice. (SW. Civ. Stat. Art. 20, Snb. 8).

While the Btato as swereign is paysmuter to Its supported psrsorks, boards anal inetrumntal- goverumntally neYertheXess, a strict inif~idual accouut- ities whatsower, 3.q is kept wlth oash of such officers, boards, or beuefl- oiaries of State funds, and Sto appro&ation of the wblio iknds from ths treasury are ooustitutionally eontrollod.

2!bere is no fuet renson, themfore, Par holdLug that it political subdivision, as owner of a lost or des- troysd State uauraut is not within the requim%u%nt of drtic1c 4305. On tha coutrsry, there is evwy sound reason for holding that they are withb thf$ statute.

llonorable Georgi Ii. Sheppard - page 4

*%a repeoents the aonsidsred op&fon of t&is departaant, and you are aeeordingly so adtised.

APPE;VE;MAY 9, 1940 iiizA4A.w

ATTORNEY GENERAL OF TEXAS