Texas Attorney General Opinion: WW-409 Page: 1 of 3
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THuE AronNEY GENERAL
AUNS4TIN 1t, TEXAN
April 8, 1958
Honorable Robert S. Calvert Opinion No. WW-409
Comptroller of Public Accounts
Capitol Station Re: Should the amount of
Austin, Texas earnest money forfeited
on the sale of property
by the Board of Control
for the Highway Depart-
ment be deposited and
credited to the General
Revenue Fund, or should
it be deposited to the
Dear Mr.' Calvert: State Highway Fund?
You have requested an opinion of this office as to
whether the amount of earnest money forfeited on: the sale of
property by the 'Board of Control for the Highway Department-
should be deposited to the General Revenue Fund or to the
State Highway Fund.
The property sold, and upon which sale the earnest
money was deposited, is a house acquired by the State Highway
Department in the purchase of a highway right-of-way. The
purchase of the right-of-way was made from the State Highway
The Board of Control is given certain authority of
sale and disposal of State personal property by the Salvage
and Surplus Act of 1957, which appears as Article 666 of Ver-
non's Annotated Texas Civil Statutes. Section 4 (e) of Article
666 reads as follows:
"The proceeds from the sale of any surplus
property less the cost of advertising the sale
shall be depoSited to the credit of the item of
appropriation to the agency for whom the sale
was made. A portion of the proceeds from the
sale of any surplus property equal to the cost
of advertising the sale shall be deposited in
the State Treasury to the credit of the item
of appropriation to the State Board of Control .
from which such cost was expended." (Empahsis ours)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-409, text, April 8, 1958; (texashistory.unt.edu/ark:/67531/metapth267021/m1/1/: accessed January 19, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.