Texas Attorney General Opinion: WW-623 Page: 2 of 3
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Honorable Ned Price, Chairman, page 2 (WW-623)
Fund and the Board shall direct the
distribution thereof. (Emphasis
added)
Attorney General's Opinion R-1261 to Honorable
Geo. H. Sheppard, Comptroller of Public Accounts,
dated June 10, 1948, reads in part as follows:
"The 'Second-Injury Fund' is
clearly a trust fund and should be
deposited in the Trust Section of
the State Treasury. It may be dis-
bursed without specific appropria-
tion as it does not come within the
constitutional provision (Sec. 6,
Art. 8, Const. of Texas) which pro-
vides that 'no money shall be drawn
from the Treasury but in pursuance
of specific appropriations made by
law; nor shall any appropriation of
money be made for a longer term than
two years.'"
Since the Second Injury Fund is a trust fund for
the use and benefit of those employees entitled to com-
pensation therefrom, we are of the opinion that the
members of the Board must fulfill the function of the
Trustees of such fund in directing "the distribution
thereof" as well as defending the fund itself from un-
warranted raids by improper claimants.
The Supreme Court of Texas, on June 28, 1950, in
Cause No. A-2642, entered judgment in the case of Miears
v. Industrial Accident Board, 149 Tex. 270, 232 S.W7 (2d)
'71, and ordered that the costs there involved should be
paid from this fund:
"It is further ordered that the
Petitioner, F. M. Miears, do have and
recover of and from the Second Injury
Fund administered by the Industrial
Accident Board of the State of Texas
all costs in this behalf expended in
this Court and the Court of Civil
Appeals and this decision be certified
to the District Court for observance."
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-623, text, May 12, 1959; (https://texashistory.unt.edu/ark:/67531/metapth267235/m1/2/: accessed June 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.