Honorable Jesse James Opinion No. M-962 

State Treasurer 

Treasury Department Re: Whether the Parks and 

131 State Finance Building Wildlife Commission has 

Austin, Texas 78711 by certain acts properly 

delegated certain of its 

officers to deposit and 

withdraw funds from the 

Dear Mr. James: State Treasury. 

You state in your letter requesting an opinion from 

this Office the following circumstance: 

"Enclosed is a copy of an excerpt from 

Minutes of the Parks and Wildlife Commission 

that has been furnished this office relative 

to the authorization of officials and employees 

of the Parks and Wildlife Commission to sign 

vouchers and other documents in reference to 

the deposit and expenditure and investment of 

funds belonging to that department and deposited in this office. 

"It will be appreciated if you will advise 

this office by official opinion as to whether 

the Parks and Wildlife Commission, by these 

acts, has properly designated Mr. James U. Cross, 

Executive Director, and Mr. Clayton T. Garrison, 

Director of Finances and Data Proces,sing, as 

the persons who have the authority to request 

and order the deposit and expenditure of any 

funds placed either with or in the State 

Treasury." 

A study of the statutes establishing the Parks and 

Wildlife Commission and delimiting its powers and duties, Article 

978f-3a, Vernon's Penal Code, does not reveal the imposition of 

Robert's Rules of Order on the functioning of that Commission. 

Furthermore, except as indicated in Article 438633, Vernon's 

Civil Statutes, infra, concerning the Special Game and Fish 

Fund, the Executive Director of the Department has ample power 

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Honorable Jesse James, page 2 (M-962) 

to handle the affairs of the Department and delegate such financial authority as he might, subject to the will of the Commission. 

The only specific verification required in the statutes 

relating to the State Treasurer and applicable also to the 

Parks and Wildlife Commission is found in Section 6 of Article 

438613, Vernon's Civil Statutes. This section concerns the 

Special Game and Fish Fund and reads as follows: 

"All expenditures made by said Commission 

out of Special Game and Fish Fund shall be verified bv affidavit to the Game. Fish and Ovster 

Commission and on the app roval ~' of such expenditures by the Executive Secretary of said Commission, 

it shall be the duty of the Comptroller of the 

State to draw his warrant on the Treasurer of 

the State for the amount of such expenditure in 

favor of the person claiming the same, such 

warrant to be paid out of the Special Game and 

Fish Fund." (Emphasis added.) 

The approval required in this statute is made known to the 

Comptroller who, in turn, draws his warrant on the State 

Treasurer. We find nothing in this which would permit the 

Treasurer as a prelude to deposit or payment to require notice 

to him of any action taken by the Parks and Wildlife Commission. In fact, Articles 4353-4359, incl., Vernon's Civil 

Statutes, set out in detail what the State Comptroller may 

require in the way of forms, authorization and verification 

for payment or deposit of State monies. Article 6252-5, 

Sec. 1, Vernon's Civil Statutes of Texas, provides in 

some detail what proof of authorization is required of 

administrative bodies in the designation of certain officers 

to approve vouchers for payment. Such authorization "shall 

be filed with the Comptroller of Public Accounts." (Emphasis 

added.) 

The State Treasurer is authorized by Article 4359, supra, 

to countersign warrants after receipt from the Comptroller, 

together with a copy oft the warrant register. This authority 

implies a certain responsibility for the correctness of what 

is signed. The extent of this responsibility is suggested by 

Article 4357, supra, which reads, in part, as follows: 

"No warrant shall be drawn against an appropriation of a special fund unless there is 

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Honorable Jesse James, page 3 (M-962) 

sufficient cash money in the fund in the State 

Treasury to pay such warrant, and no warrant, 

general or special, shall be released or delivered to the Comptroller unless there is 

sufficient balance in the appropriation against 

which the warrant is drawn to pay such warrant." 

It has previously been held that the State Treasurer 

may not be required to pay warrants, when, in his judgment, 

to do so would violate some constitutional provision. 

Corsicana Cotton Mills vs. Sheppard, 123 Tex. 352, 71 S.W.2d 

247 (1934). Nevertheless, we conclude that, on its face, 

the question as presented does not involve constitutional 

considerations. 

As a consequence, this office is of the opinion that, 

based upon the facts and circumstances presented, only the 

State Comptroller may require proof of authorization of officials and employees of the Parks and Wildlife Commission to 

sign vouchers and other documents in reference to the deposit 

and expenditure and investment of funds belonging to that 

Department and deposited in the State Treasury. 

SUMMARY 

Based upon the facts and circumstances 

presented, only the State Comptroller may 

require proof of authorization of officials 

and employees of the Parks and Wildlife 

Commission to sign vouchers and other documents in reference to the deposit and expenditure and investment of funds belonging 

to that Department and deposited in the 

State Treasury. 

truly yours, 

dk 

C. MARTIN 

ey General of Texas 

Prepared by James H. Quick 

Assistant Attorney General 

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APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Houghton Brownlee, Jr. 

Bob Lattimore 

Dick Chote 

John Reeves 

SAM MCDANIEL 

Acting Staff Legal Assistant 

ALFREDWALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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