### THEATTOECNEY GENERAL I TEXAS

Honorable Jesse James State Treasurer Capitol Station Austin, Texas 

### Opinion No.c-337 Re: Whether certain funds received by the Treasurer maynowbe deposited to the General Revenue Fund or whether recent amendments to the l&cheat Lawsrequire further court action to escheat Dear Mr. James: these funds. You have requested an opinion of this office involving the following question:

Whether certain funds received by the Treasurer maynowbe deposited to the General Revenue Fund or whether recent amendmentsto the Escheat Laws require further court action to escheat these funds. Your letter ,of October 7, 1964, reads as follows:

“Dursuant to provisions of Order of the Court In CausaNo. 

### 5461 109th Dlstrlct Court of Winkler County, Texas styled .&ate of Texas vs J. A. Drane et al the State Treasurer received $1~,790.00 on S&ember’ 28, 1959. Also, pursuant to Order of the Court, Cause Ho. 

### 4562,In the District Court of Childress County, Texas covering probate matters of the g&ate of Frank Kloskey the sumof $15;957.35 was recelved on January 

### 28,1460.

“These sumshave been held in suspense for the purpose of facilitating payment of any claima that might be madeagainst the funds. Noclaims have been madeto date.

“By official opinion please advise whether these funds maynowbe deposited to the oeneral Revenue Fundor whether recent amendmentsto the l&cheat La;asr$quire further court action to escheat these

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Honorable Jesse James, page 2 

### (C-337)
Judgments In the above styled cases under consideration entered pursuant to then existing substantive and procedural were escheat statutes of the State of Texas prior to enactment of Article 3272a, Vernon’s Civil Statutes. If, taken as a whole and construed according to well-known rulea ajudgment is unambiguous, no room is left for interpreta$ion. Magnolia Petroleum Co. v. Caawell 1 s.w.2a 597 (,comm.App 1928). All property and subject matter of these actions es&ated to and vested in the State of Texas In accordance with applicable escheat statutes. Section 14 of Article 3272a, Vernon’s Civil Statutes, provides :

“The provisions of this Article 3272a are In addition and supplementary to and shall not be construed to repeal, alter, change, or amendany of the provisions of Articles 3273to 3289, Inclusive, Title 

### 53,Revised Civil Statutes of Texas, 1925, which provide for the escheat of estates of decedents.” Section 14 of Article 3272a specifically provides that no changes were effected in Article 3273through 3289, Vernon’s Civil Statutes which prescribe administrative procedures for substantive escheat faws enacted prior to Article 3272a. Deposit of monies received in escheat proceedings under substantive statutes enacted prior to Article 3272a is set forth in Article 

### 3282and as provided by Article 3272a, remains unchanged. Article 

### 3282provides:

“If the property recovered be personal property, a writ shall Issue to the sheriff commandingNm to seize such property and he shall dispose of the same by public auction in the mannerQPOVidedby law for the sale of personal property under execution the proceeds of such sale less the costs of theand pay court, Into the State Treasury .I’ Roney escheated under the judgments in question entered during January of 1959 and January of 1960 should be deposited

“Into the State Treasury” by placing said property In the General Revenue FundIn accordance with procedures existing prior to passage of Article 32720. Further court action Is unnecessary to deposit this cscheated moneywith the State of Texas.

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Funds eecheated pursuant to judgments entered under statutes enacted prior to passage of Article 3272a Vernon's Civil Statutes, maynowbe deposited to the General Revenue Fund, as no further court action is necessary. Very truly youra, WA@3ONRR

CARR Attorney General

BY Qoraon Houser Assistant
QH:llll APPROVED: OPINIONCOMKITTEE W.V. Geppert, Chairman W. 0. Shultz John Reeves John Fainter APPROVED

FORTHEATTORNEY

QENERAL By: Roger Tyler

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