Texas Attorney General Opinion: O-192 Page: 3 of 4
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Hon. Geo. H. Sheppard, January 24, 1959, Page 3
Article 8, Section 6, Constitution of Texas, an appropriation or
transfer of same by Act of the Legislature. For this purpose and
in recognition of the fact that it was wrongfully covered into the
State Treasury the Legislature, under House Bill No. 363, Chapter
341, Acts Regular Session, 44th Legislature, transferred such
moneys in the specific sum of $4,968.15 from the General Revenue
Fund and placed same in thebnds of a specially created Commission
of the Voluntary Army of the War with Spain,composed of the Gov-
ernor of Texas, the Adjutant General of Texas and the Department
Commanderjof the United Spanish War Veterans of Texas, and their
successors in office, to be invested for the use and benefit of
aged and indigent Spanish-American War Veterans, their widows and
orphans.
From this brief congressional and legislative history
of this auchly transferred fund, the question emerges as to whe-
ther House Bill No. 63 Ch. 541, Acts Regular Session, 44th
Legislature, could legally operate to accomplish the worthy pur-
oses sought thereby. We reluctantly but advisedly are impelled
the conclusion that the sum of $4,968.15, which was the subject
matterjof the above sited act, was not funds or moneys of the
State of Texas for disposition thereunder, but rather moneys
and funds in and to which the United States of America had, and now
has, reversionary right, claim or interest. This conclusion not
only follows from the Acts of Congress hereinabove cited and ad-
verted to, but from the express language of a letter opinion writ-
ten by the Comptroller General of the United States, under date
June 22, 1931, to the Commander Dipartment of Texas, United
Spanish War Teterans, which we quote:
"It may be stated that is a situation should arise,
after the funds have been withdrawn from the State
Treasury and placed at the disposal of the Governor of
the State of Texas for payment in accordance with Fed-
eral statutes, where they can not be used for the
purpose for which originally turned over to the Governor
of the State the United States has -a reversionary
interest in the unexpended fund and the balance re-
maining appears proper for returning to the United
States with a statement showing by totals for itemas
the grand total expended. The balance returned would
be for covering into the Teasury of the United States
as a special fund uncer an appropriate title, such as
"Pay of volunteers, Spanish War, State Service - Texas."
Any claims thereafter presented would be for developing
by the State authorities, and, if approved by the
Governor, forwarded to this office for the statement
of a settlement payable under the special fund."
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-192, text, January 24, 1939; (https://texashistory.unt.edu/ark:/67531/metapth257377/m1/3/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.