Honorable Richard L. Coffman 

Administrator 

Texas Employment Commission 

Austin, Texas 78701 

Dear Mr. Coffman: 

Opinion No. M- 898 

Re: Whether, pursuant to 

Article 5221b-7, Subdivision (d), Vernon's 

Civil Statutes, the Comptroller of Public Accounts 

may issue a duplicate warrant for unemployment 

compensation benefits to 

a bank when such bank has 

complied with the provisions 

of Article 4365, Vernon's 

Civil Statutes, and related question. 

Your recent letter requesting the opinion of this office 

concerning the referenced matter states, in part, as follows: 

"In the early part of 1970 the Comptroller, 

at the request of the Texas Employment Commission, 

issued warrants in payment of unemployment compensation benefits to a number of claimants. These 

warrants were then cashed by the claimants at the 

National City Bank of Waco, Texas. 

"On May 20, 1971, more than one year after 

the warrants had been issued by the Comptroller's 

office, the bank requested the Comptroller, pursuant to Article 4365, V.C.S., to issue to it 

duplicates of these warrants. The bank complied 

with the requirements of Article 4365 . . . 

-4379- 
Hon. Richard L. Coffman, page 2 (M-898) 

"The warrants in question were issued under 

the terms and authority of the Texas Unemployment 

Compensation Act, Article 5221b, V.C.S.* . . . 

"In view of the apparent conflict between the 

provisions of the two statutes cited above, two 

questions have arisen with regard to the procedure 

the Comptroller is legally required to follow: 

"(1.) May the Comptroller issue duplicate unemployment compensation warrants to the National 

City Bank of Waco, Texas, as the bank has requested? 

"If the answer to this question is in the 

affirmative, a second question arises: 

"(2) If the Comptroller may issue such duplicate warrants, may such warrants then be paid by the 

Comptroller upon presentment without further Legislative authorization?" 

Article 4365, Vernon's Civil Statutes, provides, in part, 

as follows: 

"The Comptroller, when satisfied that any 

original warrant drawn upon the State Treasurer 

has been lost or destroyed . . . is authorized to 

issue a duplicate warrant in lieu of the original 

warrant . . .: but no such duplicate warrant . . . 

shall issue until the applicant has filed with the 

Comptroller his affidavit, stating that he is the 

true owner of such instrument, and that Shr same is 

in fact lost or destroyed, and shall also file with 

the Comptroller his bond in double the amount of the 

claim with two or more good and sufficient sureties, 

payable to the Governor, to be approved by the Comptroller, and conditioned that the applicant will 

*ch. 14., Tit. S3, being Art, 5221b-1 through 522133-24, V.C.S. 

-4380. 
Hon. Richard L. Coffman, page 3 (M-898) 

hold the State harmless and return to the Comptroller, 

upon demand being made therefor, such duplicates or 

copies, or the amount of money named therein, together witn all costs that may accrue against the 

State on collecting the same . . .II 

Article 522173-7, subdivision (d), Vernon's Civil Statutes, 

in setting forth the manner of payment of benefits under the Unemployment Compensation Act, provides, in full, as follows: 

"If a warrant has been issued by the Comptroller in payment of benefits as provided under 

this Act, and if the claimant entitled to receive 

such warrant has lost or loses, or for any reason 

failed or fails to receive such warrant after such 

warrant is or has been issued by the Comptroller, 

and upon satisfactory proof of such, the Comptroller 

may issue to claimant a duplicate warrant as provided 

for in Article 4365, Revised Civil Statutes of Texas, 

1925, but in no event shall a duplicate warrant be 

issued after one year from the date of the oriqinal 

warrant. 

"If, after any warrant has been issued by the 

Comptroller payable to a claimant for benefits under 

the provisions of this Act, and such warrant shall 

have been lost or misplaced, or if claimant for any 

reason fails or refuses to present said warrant for 

payment within twelve (12) months after the date of 

issuance of such warrant, such warrant shall be cancelled, and thereafter no payment shall be made by_ 

the Treasurer on such warrant, and no duplicate warrant in place thereof shall ever be issued." 

(Emphasis added.) 

When Subdivision (d) was added to Article 522113-7, supra, 

in 1939 (Acts 46th Leg., R.S., 1939, p. 436,447, S.B. 21, Sec. 6). 

the Legislature, clearly had the provisions of Article 4365, supra, 

in mind. See the reference to Article 4365 in the first paragraph 

of Subdivision (d). 

-4381- 
Hon. Richard L. Coffman, page 4 (M-898) 

While the first portion of Subdivision (d) prohibits 

payment after one year to the claimant entitled to receive unemployment benefits, and makes no reference to paying the claimant's assigns, the final clauses of both paragraphs of the Subdivision prohibit payment, after the one-year period, on the 

warrant itself. We are, therefore, of the opinion that the oneyear prohibition is applicable to both the initial payee of the 

warrant and to his assigns. 

We are also of the opinion that Article 522133-7, Subdivision (d), impliedly amended Article 4365, so as to constitute 

an exception to the broad terms of Article 4365 in the case of 

recipients of warrants for unemployment compensation benefits. 

You are advised that the Comptroller may not issue a duplicate 

warrant for unemployment compensation benefits after one year 

from the date of issuance of the original warrant. 

Your first question is, therefore, answered in the 

negative. As your first question has been so answered, it is 

not necessary for us to answer your second question. 

SUMMARY 

Under the provisions of Article 522113-7, subdivision cd), Vernon's Civil Statutes, the Comptroller is not authorized to issue a dupli.cate 

warrant for payment of unemployment compensation 

benefits to the initial payee of the warrant, or 

to his assigns, more than one year after the da,te 

of issuance of the original war;ant. 

.,' 

V,ery truly yours, 

Attorney General of Texas 

Prepared by Austin C. Bray, Jr. 

Assistant Attorney General 

-4382- 
Hon. Richard L. Coffman, page 5 (M-898) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Jim Swearingen 

Robert Davis 

John Banks 

Michael Stork 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRBDWALKBR 

Executive Assistant 

NOLA WHITE 

First Assistant 

-4383-