.
July 9, 1970
Hon. W. C. Lindsey Opinion No.M-657
Criminal District Attorney
Jefferson County Courthouse Re: Proper official to make
Beaumont, Texas delivery of county warrants
and jury checks to the
payee.
Dear Mr. Lindsey:
Your request for our opinion asks the following question:
'Which county official or officials are
authorized to deliver/mail county warrants and
county jury checks to the.payee?"
Article 2122, Vernon's Civil Statutes, states that jurors'
pay is to be made by a check drawn by the clerk of the district
court of the county on the jury fund.
Article 2554, Vernon's Civil Statutes, provides in part
as follows:
"It shall be the duty of the county treasurer
upon the presentation to him of any warrant, check,
voucher, or order drawn by the proper authority,
if there be funds sufficient for the payment thereof
on deposit in the account against which such warrant
is drawn, to endorse upon the face of such instrument
his order to pay the same to the payee named therein
and to charge the same on his books to the fund upon
which it is drawn. ..."
Article 1632, Vernon's Civil Statutes, declares that,
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Hon. W. C. Lindsey, page 2 (M - 657)
"The county treasurer or any other officer
disbursing money for the county, or receiving
county claims in payment of dues of any kind, shall
require the party receiving payment of, or credit
for the same, his agent or attorney, to receipt in
writing upon the face of such claim for the amount
so paid or received thereon." (Emphasis added.)
Article 1709, Vernon's Civil Statutes, provides as follows:
"The county treasurer shall receive all
moneys belonging to the county from whatever
source they may be derived, and pay and apply the
same as required by law, in such manner as the
commissioners court of his county may require and
direct." (Emphasis added.)
The above statutes, by necessary implication, authorize the
county treasurer to make delivery of such warrants.
In view of the foregoing, we agree with you that the county
treasurer is the proper official to make delivery of county warrants
to the payee.
SUMMARY
The county treasurer is the proper official
authorized to make delivery of county warrants
to the payee.
/
C. MARTIN
General of Texas
Prepared by John Reeves
Assistant Attorney General
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.
Hon. W. C. Lindsey, page 3 (M-657)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Milton Richardson
Lehman Marks
Malcom Smith
Dan Green
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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Untitled Texas Attorney General Opinion
Combined Opinion