HonorableRobert S. Calvert

Comptroller of PublicAccounts AuatIn, Texas Opinion No. W-674
Re: Procedureto be used in disbursing the trust funds of the TeacherRetirement Dear Mr. Calvert: System.

We have your letter of June 21, 1959, in which you request our opinion on the procedureto be used In disbursing trust funds of the TeacherRetirement System.

Sub-section 3 of Sectlon 13of Article 2922-1, Vernon’s Civil Statutes reads as follows:

“The Treasure; of the State of Texas shall be the custodian of all bonds, securities, and funds. All payments from said funds shall be made by him on warrants drawn by the State Comptroller of PublicAccounts pported-onlyupon voucher8 signed ii the Executive Secretary of theRetirement System. A duly attested copy of a resolution of the State Board of Trustees designatingsuch person shall be filedwith said Comptroller as hla authorlty For Issuing such warrants.” (Emphasisadded)
It appears that your request Is predicatedon a possible conflict between the above quoted statute and Article 4393a,Vernon’8 Civil Statutes,which reads In part a8 Followa:Honorable Robert S. Calvert, page 2 (~'~-674)

"Allmoneys and other securities placed in the hands of the State Treaaurer in trust for any legal p'urpose shall be received bg the State Treasurer on a depositreceipt issuedby the State Comptroller

. . . Such moneys or other securities shall be withdrawn by trust and suapense draft in the case of money, and withdrawal authorization in the case of other securities,which instruments shall be issued serially and signedby the State Comptroller.

. . .' (Emphasisours)
In Attorney General'sOpinionWW-407 (1959)we held that the State Treasurer is chargedwith requiring satisfactoryproof of the claimant'sright to funds before he would be authorized to deliver them to the owner or his authorizedrepresentative.

You seek our opinion on the following questions:
"Youwill note thatArticle 2922-1, Section 13, Sub-section 3, in setting out the method to be used in withdrawing funds, the word warrant is used. "Article4393a provides that the withdrawal of Trust funds shall be by the 'useof a Trust and Suspense draft. "Pleaseadvise. "(1). Are the words warrant and Trust and Suspense Draft synonymous, if not, what procedure should be used In disbursingthe trust funds of the TeacherRetirement System? "(2). The Treasury being the c,ustodian of all Trust funds, what type of approval, if any, should be required of him before issuing the instrumentsnecessary for the withdrawal of such funds from his posaeeaion?' Article 4393a, originally passed in 1945, deal8 generallywith methods of receiving and disposing of trust moneys by the State Treasurer;of accounting for such moneys by the Treasurer and Comptroller; and for the supervision of such moneys by the State ComptrollerHonorableRobert S. Calvert, page 3 (m-674)

while they are in trust. In this general statute, it is directed that such monexa shall be withdrawn by "trustand suspense draft. However, Article 2922-1, which became effective in 1956, deals specificallywith the TeacherRetirement System and provides in detail how those trust funds are to be disbursed. Such statute providespayments from such fund shall be made by the Treasurer "onwarraFt drawn by the State Comptroller of PublicAccounts.

Even ifwe assume the statutesare in conflict, it is universallyheld that the specific statutemore clearly evidencesthe intentionof the Legislature than the general one. and therefore that the specific statute will"contro1. 1T ownsend v. Terrell, 11.8i'ex.463, 16 S.W.2d 1063 (192x). Furthermore,Article 2922-l specifically provides the proof to be required by either the Comptroller or the Treasurer before the warrants are issu and paid.

TIM:rm SUMMARY

Under Article 2922-1,Vernon's Cl,vil Statutes, Trust Funds of the Teacher Retirement System are to be disbursed by the Treasurer on warrants issued by the Comptroller; such warrants are to be supported only by a voucher signed by the Executive Secretary of the Retirement System, who has been properlydesignated. Very truly yours,

WILL WILSON Attorney General of Texas

B Tom I. McFarling Assistant ed- .

HonorableRobert S. Calvert, page 4 (W-674)

APPROVED:
OPINION COMMITTEE Geo

. P. Blackburn, Chairman
J. Arthur Sandlin Jot Hodges, Jr. Marvin H. Brown, Jr.
REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert