C--. 

June 1, 1948 

Hon. George Ii. 

Comptroller of 

Austin, Texas 

Dear Sir: 

Re: The legality of expeadlag State funds to pay 

thb Federal Oov&rnmeat 

for loss of or damage 

to Federal property 

assigned to the Texas 

Rational Guard. 

Your recent request for an opinion on the 

above queetion reads as follows: 

“The Fiftieth Legislature made the 

follolilllg Approprlatlon: 

Sheppard 

Public Accounts 

0p1a10a lo. v-592 

“‘109. Replacement of, payment for, 

repair and rendvatlon of lost and unservlceable 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 account drawn la favor of the Federal Qovernmeat to pay for stolen or missing property, 

damaged and wrecked truck. 

“Please advise if the enclosed accounts, 

ln’who$e or part, are a legal charge against .: I !,;.,!i 

State funds. U .~.;, ,I. _ j,-. ( ‘, 

To your letter of request you at,taB<ed three 

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 
Eon. George H. Sheppard, Page 2 (V-592) 

form and legally sufficient under the rules and regulations of the Texas Rational Guard and the United 

States governing Reports of Survey. 

In your request you quoted the provisions 

of paragraph 109 of the appropria$lon made by the Flftleth Legislature to the Adjutant General’s Department. 

Acts 50th Legls. R. 5. 1947, p. 8~07. 

Article 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 quartermasters, 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, medical, 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. 47, provides: 

n 

. . . Whenever any such property lssued 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 reports; and if it shall appear to the Secretary of War from the record of survey that 

the property was lost, damaged, or destroyed 

through unavoidable causes, he is hereby 

authorized to relieve the State or Terrltory or the District of Columbia from further accountability therefor. If it shall 

. . . 

al . . . and the net proceeds of collections 

made from any person or from any State, Territory or District to reimburse the Government for the loss, damage, or destruction 

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 throughout the 

then current fiscal year and throughout the 

fiscal year following that in which the 

sales, stoppages, and collections were effected, for the purposes provided for in 

that portion of its allotment set aside for 

the purchase of similar 

or material of war . . . 

Article 5849, V. C. S., provides: 

“The cost of arms, equipment, and all 

other military supplies and stores, and the 

cost of repairs or damages done to arms, equipment 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, destruction or damage was occasioned by the carelessness, neglect or abuse of said officer 

or soldier. ’ 
Hon. George H. Shepperd, pa@ 4 .(V-592), 

,You are therefore advised that the ‘money value 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 

been avoided by the exercise of reasonable 

care, is a, legal charge against State funds 

appropriated to the Adjutant General’s Department for such purpose. Acts 50th Leg. 

R. s. 1947, p. 807, par. 109. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

DMG:eh:ui j