Texas Attorney General Opinion: M-898 Page: 2 of 5
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Hon. Richard L. Coffman, page 2
"The warrants in question were issued under
the terms and authority of the Texas Unemployment
Compensation Act, Article 5221b, V.C.S.* . . .
"In view of the apparent conflict between the
provisions of the two statutes cited above, two
questions have arisen with regard to the procedure
the Comptroller is legally required to follow:
"(1) May the Comptroller issue duplicate un-
employment compensation warrants to the National
City Bank of Waco, Texas, as the bank has requested?
"If the answer to this question is in the
affirmative, a second question arises:
"(2) If the Comptroller may issue such dupli-
cate warrants, may such warrants then be paid by the
Comptroller upon presentment without further Legisla-
tive authorization?"
Article 4365, Vernon's Civil Statutes, provides, in part,
as follows:
"The Comptroller, when satisfied that any
original warrant drawn upon the State Treasurer
has been lost or destroyed . . is authorized to
issue a duplicate warrant in lieu of the original
warrant . . .; but no such duplicate warrant
shall issue until the applicant has filed with the
Comptroller his affidavit, stating that he is the
true owner of such instrument, and that thr same is
in fact lost or destroyed, and shall also file with
the Comptroller his bond in double the amount of the
claim with two or more good and sufficient sureties,
payable to the Governor, to be approved by the Comp-
troller, and conditioned that the applicant will
*Cb. 14, Tit. 83, being Art. 5221b- through 5221b-24, V.C.S.-4380-
(M-898)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-898, text, June 30, 1971; (https://texashistory.unt.edu/ark:/67531/metapth270126/m1/2/?rotate=270: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.