Texas Attorney General Opinion: O-4259 Page: 1 of 2
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NHE ArTORNECY GENERAL
o, TEXAS
GERALD C. NN 11MAussa. TXA
Honorable John D. Reed, Commissioner
Bureau o' Labor Statistics
Austin, Texas
Dear S&rz Opinion No 0-4b9r
Rel Authorit of tteboard of
Control approve or payment
an account for the purchase of
oil and gas which is over two
'years ola,
You attach to your letter of Maroh 9th.a fileoconcerning a
statement submitted for payment to your department by the Gulf
Oil Corporation," coveruig!- an account for the purchase of
certain items from the 'Gulf Oil Corporation during the month
of September, 1939. You ask the opinion of this department upon
the question of whether the Statp Board of Gontrol would be
within its authority" in approving this account for payment,
inasmuch as it is, overtwo- years old. The question, therefore,
is confined to the inquiry whether.the fact 'that this account
was incurred more than two years ago precludes its approval by
the State Board of Control, and our opinion is limited to
answering that question.
Apparently your inquiry is prompted by the'provisions of Article
4357, Revised Civil Statutes of Texas '1925, as amended by Acts
1931, Forty-second Legislature, page 400, Chapter 243, Section
1. This law provides in part as follows:
"No claim shall be paid from appropriations unless presented to
the Comptroller for payment within two years from the close of
the fiscal year for which such appropriations were made, but
any claim not presented for payment within such period may be
presented to the Legislature as other claims for which no appro-
priations are avAilable. .
It is to be noted that the computation of the two years period
of limitation for presentation of claims for payment to the
Comptroller is, y the terms of the statute, made from the
close of the fiscal year for which the appropriation against
which the claim was incourred was made, not from the date on
which ~the claim was igtuxred.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4259, text, March 26, 1942; (https://texashistory.unt.edu/ark:/67531/metapth261503/m1/1/?rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.