Texas Attorney General Opinion: C-742 Page: 2 of 4
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Hon. Robert S. Calvert, page 2, (C-742)
"The Comptroller's office held the duplicates
pending receipt of information identifying the pur-
pose of the payment. The deposit was eventually made
as a 'conscience money' payment--unidentified.
"On June 20, 1966, the Post Office Department
wrote the State Treasurer citing the double payment
and requesting refund of the $25.00. The Treasurer
referred the matter to the Comptroller.
"The question now arises, can the Comptroller
effect by journal entry a transfer of $25.00 from
'General Revenue Fund' to Departmental Suspense'
to remedy a coding error? If such remedy is denied
then by what means can restitution be made to the
Post Office Department?"
Section 6 of Article VIII of the Constitution of Texas
provides: "No money shall be drawn from the Treasury, but in
pursuance of specific appropriations made by law; . . ."
Money held in suspense does not go into the State Treas-
ury. pRoers v. Daniel Royal Oil Co., 130 Tex. 386, 110 S.W.2d
891, 894 (1937). Therefore, a transfer from the General Fund
(which constitutes money in the State Treasury) to the Suspense
Account would constitute a withdrawal of money from the Treas-
ury. Since the money has been deposited in the General Revenue
Fund, such money has passed beyond the control of the State
Treasurer and it is now impossible to remove such deposit with-
out an appropriation. Manion v. Lockhart, 131 Tex. 175, 114
S.W.2d 216 (1938). In the Manion case, a question similar to
the one involved in your request was before the court, and in
construing the provisions of Section 6 of Article VIII of the
Constitution of Texas, the court stated at page 219:
"It is shown that respondent, acting on the
opinion rendered by the Attorney General, deposited
this money in the general revenue fund of the state.
Respondent has in no manner profited by such action
on his part. He in good faith deposited such money
in the general revenue fund, which now requires that
it be appropriated by the Legislature in accordance
with the provisions of section b of article . of the
Constitution. Respondent does not now have in his
possession such funds, and, therefore, he is unable,
without an act of the Legislature, to pay same to
those entitled thereto. Having complied with the
advice of the Attorney General, in making such trans-
fer of funds, it would be both unjust and unfair to
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-742, text, August 16, 1966; (https://texashistory.unt.edu/ark:/67531/metapth269165/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.