OFFICE OFTHE ATTORNEY GENERALOFTEXAS 

AUSTIN 

HomormeasorgeE.mheQp5rd 

thmptxoller of FubUo A.acotmts 

Austbn, m3xau 

DerrUr.sheppard: 

We ham your r 

tollowsl < 

e%.+y 

egal opioion as 

lost In the 

the Dallas &lct or w'as Ieut 

allar3 3.ndepend6nt 

er it had been FB1oet from the n&s- 

"The iIall.ae Independent School, Mstrim 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 

48( 
481 

lionomblo George ii. sheppwd - Pago 2 

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 novised civil stetutes is as followsr 

*The Comptroller, when satisfisd 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 destroyed, 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 berm10~5 and return to t?ae Cotnptcoller, npon &sand being mde theeofori such 
482 

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 espresaly forblds the issU&lICe Of a dllfliG8t0 warrant unless 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 therein, 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 

the warrant, see& to hava a duplioato issued. Ito exue tlon 

whibtwer is nade and none is to bo read into ths statu E 8 unless such an exsept2on is one aompelled by 6081~ other statute or superved.ng public polioy. Ho such extra-omUuury 

situation as thds 28 presronted by your letter. 

The gencmal rule of statutory oonstruotioqprescribed 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 

goverumntally supported psrsorks, boards anal inetrumntalities whatsower, neYertheXess, a strict inif~idual accouut3.q is kept wlth oash of such officers, boards, or beuefloiaries 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 destroysd 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