**OFFICE OF**  THE **Arro ’**  **lp&SY ,GENERAL**  **OF TEXAS**  **A&IN**

-norable GeorgmR. Shemrd Cmst~l~erlaf Pub110 Aooounts I Dear Sir! /c,, /i

forged endorseniant?

thie departnsnton

**orlzed to**  **lsaue** owner of an 1 warrant 113 and is neither lort aor dampoeaeaaicmof whioh is purby the bank tmm the true owner the bank has **previously** paid n afzilse

or forged lndortmwnt?

er you to **Article** 4666, R. cII 61.‘ also to your opinionnu$bered O-898. *This request im mede wf%‘n referenosto warrant6 other than unemploymmt ormgensation warrante.(I Axtiole 4366, Vernon*6 lnnOtated Oiril Stat&Ate,. made as followe:HonorableGeorge H. Sheppard, **Page 2** 

*The Comptroller.

when satisfied that any originalwarrantdrawn upon the State Treasurer has been lost or destroyed,or when any oertificats or other evidence of indebtednessapproved by the auditingboard of the State hae been lost, Is authorizedto issue a duplioateuarrant in lieu of the original warrant or a dupllaateor a copy of suah certificate, or other evidence of Indebtedness

In lieu of auoh original;but no such duplicatewarrant. or other evldenoe of lndebtedness,

shall lrsue until the appllcrant ha6 filed piith

the Comptroller

his aftidavit,stating 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 Comptroller his 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 Comptroller, and oonditionedthat the applicantwill hold the State harmless and return to the Comptroller,

upon demand being made therefor, such duplicatesor ooples, or the smount of money named therein,togetherwith all ooats that may acorue against the State on oolleotingthe same. After the issuance of said duplicate or oopy if the Comptrollershould asoertaln that the same was improperlyissued, or that the applissntor party to whom the same was Issued was not the owner thereot,he shall at on08 **demand** the return of said duplioateor oopy it unpaid, or the amountpaid 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 instituted upon said bond in Travfe eountyi'
We quote from Texas Jurlsprudenoe, Vol. 34, page 636, as followsr

*A state,munioipal, aounty,district or schoolwarrant 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, directinghim to pay an amount or money speciriedto the person named, or his order, or to bearer. In substanaewarrant.% are mere **promises** to pay the amountHonorableGeorge 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 oonvenient

mode of conductingthe publio*a business." Article 4365,.aupra, defines the extent and linitatlon of the power of the Comptrollerof Fubllo **Aooounta** or the State of Texas to issue duplicatewarrants. The statutes of the state sre silentupon the authorityof the Comptroller to issue duplioate warrants exoept in the express lnatenoeof loss **or** destruction. Consequently, where a warrant la still goayaatence the Comptrollerho8 no authorityto issue a dup-

. In our opinionNo. 0-3S5, it was held'thst: *It is our opinion that Article 4365 prohibits the lsauanoe of a duglioate

warrant where the loss or destructionof the origlnal has not boen called to the attention and provad to the aatiafaotlon

of the ComptrollerIn the menner provided In said statute."

Under the faota and olrcumatsnoes stated in your letter, we are of the opinion that the proper 2rooedure would be for the owner of the warrant in question to Instituteproceedings for the possessionof the warrant egainat the perty holding said warrant rrom him.

In vfew of the forgoing, your question is reapeotively answeredin the negative.

Trusting that the toregoing@il.ly answers your lnquiry,we remain
Yours very truly
ATTORNEY GX?U?%L OF~kAS 

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Ardell Piilliama Assistant



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