OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
QROVER SE‘iERS
ATmRNEY a?N-l.
Honorable Jesse James
State Treasurer
Austin, Texas
Dear 1;~.James: Opinion No. 0-73L!+
Re: Authority of Treasurer
to deposit ce n trust funds
which have ac
various.State
Your request for an opinion up0
ter is as follows:
nThis'officere
permissQ3n to deposi
State Treasurer whit
of that-"'let-
w f SO, Should such depOsi$S be Credited
to Treasurer's Trust-Settlementof Es-
tates, or should a new trust fund be
opened with appropriatetitle?
"(3) Should withdrawalsbe made against court
order or regular vouchers of the Board of.
Control to the Comptroller?
~?tf question number one is answered in the nega-
tive, two and three are immaterial."
Honorable Jesse James - Page 2
A COPY of letter from the State Board of Control isas
follows:
“Our Trust Fund ilccountsat the close of busi-
ness on April 30, 1946, for our,.variouseleemosy-
nary institutions,amounted to ~111,075.OO. tip
this amoun;, about $45,000.00was above the
$5,000.00l.D.1.~. guarantee. ~1~0, in some~of
our institutions,the Trust Fund amounts to more
than $lO,OOO.OO,which is the amount established
by law for the amount of bond to be carried by
the Superintendents.
"We would like to call your attentionto Arti-
cle 4393a, Revised civil Statutes of 'Iexas,or Sen-
ate Bill 199, 49th Legislature,regular session.
eiiiith
the above informationin mind, we re-
sue& permission to deposit these Trust lQnds with
your departmentand permit deposits or withdrawals
as the occasion for such may occur. We suggest
that witharawals be made by regular voucher or by a
&ard of #ntrol Order to~the Comptrollerfor the
issuance of a warrant to permit such wdthdrawals."
*f :~8tis the opinion of this department.
thaf~youhave no ~
authority to accept su& funds, ma pass them into the treasury,
bor&deed,to qooept them in any oapacity. They are not publio.'
funds.guthoriBedby law to be reoeivedby you, or placed in the
treasury. .
Senate~Bi.11NO: i99, passed byethe Regular Session of
the I$th Legislature, referred to in your atta.cheaZetter from
the 4 ard of Control concerns only thosafunds of trust, and sus-
pense mon.3p, and ,othersecurities lawfully coming into th3 hands
of the Treasurer in his offioial,capacity,and to clarify the.
method,of hanaling such funds, as clearly shown by the emergenoY
alause of that Apt.
Moreover, &ticle 4374 of the Revis0.dCivil Statutes
dealares:
t(Allmoneys received by the Treasurer shall
be kept in the safe and vaults of the treasury;
ati ~theTreasurer shall hotkeep or receive into
the building, safes, or vaults of the treasury
!C^.
~~;f+orablo Jem~e Jaama - pqe 0
ray aonsy, or the repreaantatlre of monay, ba-
18nglnc; Co 8ay IndtTidurl, ex08gt in 08888 em-
p r esd y p r o vided fo r h y l.a r ;
l 0 *a @
¶%e funda uader ofmsldsratlon cre In no senne
p~blio ocney. They are held by the Board of Control, or
%be offioer8 of the lnetitntions, a9 the oane n18y be, ln
'trusb Only for the real owners a8 inilitiduals.