THEATJTORNEY GENERAL 

OFTEXAS 

Hon. Orville 6. Carpenter 

Chairman end Exeoutivs Uireotor 

Texas Unsmployment Ccrmpensation Ccmmission 

Austin, Texas 

Deer Sir: Opinion No, O-896 

Ret In visa of the amehdmentto the 

Tsxm Unsmployment Compensation 

Act, nould the~stete Comptroller 

bseuthori,sed taissue duplicates 

of forged unemployment: onnpsnsation 

: warrants? ,~~ 

Ue ars'fn reo&ipt~:i&your 1Miter of.Msy27,. 1939,; ins whhioh'you 

request am op%nionLan thsGolI0wing question:: 

,?'l'n vieyofthe wording of:thia.emendisei~t (800~ 9 (d) 

of'ths Texs;s TJh~plogmsnt~&mpansa~on Aot,. artioIe 5521-b, 

Vernon% Ahnofatsd~CiMI. Statutus; as emendedbythe 46th 

Leg*, Rsgnlar Ssssim), nouYd'your opinion be, the sams:as: 0xpreetid in you& &etter(~optiion Na.. 0-385)'of Ne~ol~l&h?~ 

(peyn*etioaI fnaeriktons ~oursLI)." 

In opinion No:O-366, addressed to yourself, ws held that 

ertials 4365 0f~the Revised Civil Statutes of 1925~prohibits the isauanae 

of a duplicate warrant whsks the loss of'destruotion of then original 

has not been oalled to the attention end proven to the setisfeotion of 

the Comptroller in the manner provided in sefd Statute. 

Artlole 4366. Revised Civil Statutes, 1925. proridssr 

"The kmptrolle~,~when satisfied 'thetany original 

warrant dram upon the State Treasurer, has been lost or 

destroyed'. or when any aertlfioete or other evidence of 

indsbtedness appmmsd by the auditing board of the State 

hes been lost, is authorized to issue a duplioete aerreht 

in lieu of the original mrrent or e duplicate or a copy 

of suoh oertifisete,~ca other evidence of indebtedness in 

lieu of such originel:~ but 110 suoh~dupliaate'werrent, or 

other svidsnoe of indebtedness, shell issue until the epplicent has filed with the Comptroller his affidavit, 

stating that he is the true onnsr of suah instnnnent, end 

that the same is in fact lost or dsstroyed,~ end shall also 

file with the Comptroller his bond in double the ewunt 
Hon. Orville S. Carpenter, June 9, 1939, pegs 2 O-896 

of the oleim with two or more good and sufficient sureties, 

payable to the Governor, to be approved by the Comptroller, 

and conditioned that the epplioent will hold the Stete 

harmless end return to the Comptroller, upon demand being 

made therefor, such duplicates or copies, or the amount of 

money named therein, together with all costs that may eccrus 

against the State on colleating the same. After the issuenoe of seid duplicate or copy if the Comptroller should 

escertain that the 88111s we8 improperly issued,, or thet the 

epplioent or pertyto whom the same was issued was not the 

owner thereof. he shall~et onoe demand the return of said 

duplicate or oopy if unpaid, or the amount Reid out by the 

State, if'so &aid; end, upon failure of the party to return 

same or the emount of money 'celled for, suit shall bs instituted upon said bond in Travis County." 

It hes:~bsen celled to our attention that since opinion No. 

O-386 nesrendered on March 16, 1939, by this department, en amendment 

to'.the Temas Unemployment,Ccsnpensetion tact, Artiole 662lb;Vernon's Annotated Civil Statutes, Hess been enacted into law. 

,~ Section 9 (d) of theActis the pbrtinent,portion of the emendmentr 

."If a warrent hesbeen issued by the,Cqptroller in _ 

payment of benefits esprovided under this Aat. and if the 

oleiment entitled to receive suoh,werrant has lost orloaes 

or for any reason failed or fails to receive suoh narren~t 

after suoh~werrent ls.or.hes been issued by the Comptroller, 

end upon satisfactory proof~of.suoh,,the~ Comptroller may 

issue to claimant a duplioete werrent es provided for in 

Article 4365, Revised Civil Statutes of Tsxes of,1925, but 

in no eventshell e duplicete werrent be issued after one 

yser fromthe date of the original warrant. 

“_ 

"If after any nerrant hss been, issued by the Camptroller payable to a claimant for benefits under the provisions of this Act, end such nerrent shell have been lost 

or mispleoed, or if oleiment for any reason fails or refuses to present said warrant for payment within twelve 

months after the dete of issuance of such warrant, suoh 

werrant shall be oenceled, end.thsreefter no payment shall 

be made by the Treasurerion such werrent, end no duplicate 

warrant in plaae thereof shell ever be issued." 

The reference to ertiols 4365, Revised Civil Statutes, 1926, 

in the above quoted section of the Texas Unemployment Compensation Act, 

is oelled to your attention. 

Artiole 4366 e plies only to lost or destroyed werrents. In 

suoh oeses, the Comptrol P er mey,issue duplicates on two conditionsr 
-- 

Hon. Grville S. Carpenter, June 9, 1939, page 3 O-896 

First, the filing of affidavit of proof of ownership 

of the original and loss or destruotion by applicants 

Seoond, filing of a bond by appliaant. 

Section 9 (d) of the,Texas Unemployment Compenration Act provides for issuenoe by the Comptroller of a dupliaate warrant, where the 

original has been lost or has not been received by the oleimsnt "for 

any reason". Thus, in the case of a warrant issued in payment of benefits under the Texas Unemployment Compen6a'cion Act. the Comptroller is 

not limited to cases of loss or destruction in issuing duplicate. 

In respect to these warrants, he oan issue duplioates when the 

beneficiary fails to receive the original warrant "for any reason".‘ 

Sinoe Seotion 9 (d) refers to artiole 4366, Rwised Civil 

Statutes, 1925, stating that the Comptroller may issue duplicate benefit 

marrants under the dot "as prwided for in article 4365,. Rwised Civil 

Statutes of Texas of 1926". i t is evident that in respect to benefit 

warrants this section of the Unemployment Compensation Aot was intended 

to broaden the scope of article 4366 without, in any nay, repealing the 

provisions of said article. 

Consequently, Section 9 (d) of this artiale and artiale 4565 

must be honrtmed together and the provisions~ of article 4566 would 

apply in the iasuanae of dupliaate benefit ramants when the claimant 

for any reaaonfails to receive the original.' 

The claimant, honever, must present satisfaotory proof of 

failure to maeive the original and he must file applicant bond as 

required byartiole 4366. 

In answer to your question, it is our opinion that the amendment tti the Texas Unemployment Compensation Aat, which is article 

5621-b of Vernon's Annotated Civil Statutes, modifies article 4366, Revised Civil Statutes, 1926, to the extent that it authorises the issuance of duplicate benefit narrants , not on1y.i.n the 0880 of proven 

loss or destruotion, but upon satisfaotory proof that alaimant has not 

reoeived,his warrant. But, at the same time, it ,requires that in all 

other respeots, such as the filing of affidavit and bond, the provisions 

of article 4365, Revised Civil Statutes, 1926, must be met. 

Trusting that the above fully answers the inquiry submitted, 

-se am 

DS:csab:wo Yours very truly 

ATTORNEY GEEERAL OF TEXAS 

APPROVED: s/Gerald C. Mann 

ATTORNEY GERERAL OF TEXAS By s/Diok Stout 

Dick stout 

Approved Opinion Committee by s/IIPB Chairman Assistant