Texas Attorney General Opinion: O-1239 Page: 2 of 6
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honorable W. Le 0*Daniel, Page i
missioner of Asrteulture. . . * (etioen
, parasreph S, aLI. te).
Prior to the enastaeat o House l111 lio. 1,. at
the First Called Session of th herty-ifth Logislaturo,
the State haed been operating under the policy of having
refunds made by the Comissioner of Atulture, aid re
unada thereby beg an obligation o" thState. Upon the
passage of House Bill No. 18, however, (fioh Act of the
Legislature be e effective oa September 84, 195) the
polioyof the State was chagAed, it that, by VIrtWu of
the provisions of House B111 No. 15 fra and after the
effective ate of Osuh Aet the Co lssoner of AsrieuA-
tare was dreoted ad authorized to distribute throughout
the State of a, - a lease basis, the Jacks and st l
lions owned by the Stateo o Texas sad to t suoh of
the animals as it s unable to paee on a lease basis
over to the State Board of Control, o were required to
dispose of the sseo to the beat interest of the State.
By virtu of the provisions e at Bose ill 3.* 15, it
was expressly stipuletd that the Comissioner of A Agri
elture should ut oe into lease eatracta with kepezs
or oarstakers, said ootrats to provide that the keper
r eaotaker should not make a service ehargs of more than
0le 0 tor each foal, and further providing that the are-
sker or keeper should be personally liable fr all reffunds
Is paarsnte*ing a fual sad that is ao event sho~ul the
State of Texas be libt , rieatl or indAiretly, fr ssh
refuns,
The At provided that the keeper or aretanker,
her rendering the series provided in the Act, should l-
reive as his only ompensation any sau or sras derived fro
breeding tees for the services of the animal leased to him,
Station 4 of House ill No. 132 provides, in part,
as teller s
All moneys now on hand sand sart*e
Lng to the acOk end stallion amount ua-
Ler H.3. T79, Acts of the ]orty'-fourth
Legislature, Regular Session, and amended
by House Bill ,4 Chapter 49s, Forty-fourth
Legislature, Third Clle Session, are
hereby tr~sferret to the special J racok ad
aftellion huad to be asd by the Comission-
or e Agrieulture for making ret ads on
breedlans heretofore reported i confer-
lty with reuading proviions et Doae B1
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1239, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258422/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.