April 29, 1964
Honorable Jesse James Opinion No. c- 250
State Treasurer
Austin, Texas Re: Whether, under the
related facts, the
rovlsions of Article
E 344a, Vernon's Civil
Statutes, Is sufficient
authority to transfer
balances in certain
specific funds, from
such funds to the credit
of the General Revenue
Dear Mr. James: Fund.
This office Is In receipt of your letter of April
10, 1964, wherein you ask the following question:
'Please advise by official opinion
whether, under the facts as related herein,
the provisions of Article 4$&a, Texas Re-
vlsed Civil Statutes, is sufficientauthority
to transfer balances in the specific funds
referred to from such Funds to the credit
of the General Revenue Fund.
"The facts as related by the office of
the Comptrollerof Public Accounts are as
follows:
'There Is an unexpended balance in the
Federal National Institute of Health Fund
130 of $36.72. This fund was created for
the purpose of receiving deposits of grants
from,the Federal government for a research
project to be administeredby the Austin
State Hospital, such grants being designated
for the payment of salaries. It is reported
that the project has been completed and the
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Hon. Jesse James, page 2 (C-250 )
Austin State Hospital has advised the Comp-
troller of Public Accounts that the balance
in the fund will not be spent by them and the
amount will not be required to be refunded
to the Federal government. The balance rep-
resents depository interest earned and credited
to the fund from 1961 through March of 1964.
"There Is an unexpended balance of
$1,235.60 In the Federal Drought Relief
Fund 290. This balance representsunex-
pended balances of Federal grants and/or
depository interest under the Drought Hay
Program.
"There have been come controversies
between the United States Government and
the State of Texas with reference to the
amount due the Federal Government as re-
funds under the Hay Program. The United
States governmenthas now deducted from
Federal grants to the State Highway Depart-
ment the amount United States government
contends to be due to the Federal government.
There are no statutory provisions for the
transfer of the amount to the Highway Fund,
and there have been no recent transactions
in the Drought Hay Program.
'There is an unexpended balance in the
Radio and T.V. AdministrationFund 69 In
the sum of $6,868.00. This fund was created
in 1961 for the purpose of providing admlnis-
tration expenses for the enforcementof the
Radio and T.V. Act. Revenue was credited to
the fund as provided by the Act. The Legis-
lature did not make an appropriationof this
amount to the Comptrollerof Public Accounts.
The Act was repealed by the 56th Legislature
in 1959, and the purpose for this fund has
ceased to exist.
'On each of the above funds the Comp-
troller has requested approval of the transfer
of the above referred to balances from their
respective funds to the credit of the General
Fund under the provisions of 434&a and the
State Auditor has indicated his approval of
a transfer."
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Hon. Jesse James, page 3 (C-250 )
The following statute is applicable to the question
you have asked:
Article 434&a, Vernon's Civil Statutes:
"The Comptroller,with the consent and
approval of the State Auditor and Efficiency
Expert, and the State Treasurer, may, at any
time, transfer any balance.in any dormant
fund, the source of which~is unknown or the
purpose for which it was collected has be-
come moot, into the General Revenue Fund.
Any transfer so made may be subject to ap-
propriation as a refund by the Legislature,
should the source and purpose of such fund
become known and active at any time in the
future."
Article &$&a, Vernon's Civil Statutes, provides
in certain cases for the transfer of the balances of dormant
funds into the General Revenue Fund. It provides that the
Comptrollerat the~consentand approval of the State Auditor
and Efficiency Expert, and the State Treasurer may at any
time transfer any balance in any dormant funds, the source
of which is unknown or the purpose for which it was collected
has become moot into the General Revenue Fund.
Under the facts you have submitted, it Is our
opinion that the Comptrollermay transfer the stated balances
Into the General Revenue Fund if the prerequisitesof Article
434&a, Vernon's Civil Statutes, are complied with.
SUMMARY
Under the facts as related herein, the
provisions of Article 4344wernon's Civil
Statutes, are sufficientauthority to trana-
fer balances in the specific funds referred to
to the credit of the General Revenue Fund.
Very truly yours,
WAGGONER CARR
Attorney General
BM:Illkh Assistant
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Hon. Jesse James, page 4 (C-250 )
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Pat Bailey
Gordon Cass
Howard Fender
Beady Coleman
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone
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