Where the amount awarded in the final judgment is less than the amount of the commissioners' award previously deposited by the State, a refund is due the State. In an effort to avoid undue delay in collecting or attempting to collect such refunds, the procedure will be as follows.

Upon receipt of a memorandum from OAG indicating that a commissioners' award has been reduced at the trial, ROW PD should make periodic contacts with the court clerk to determine if the remitted due the State has been deposited. At such time as the funds have been deposited TxDOT is to notify OAG so that an Order of Withdrawal may be prepared. Any contact with the defendants or their counsel should be made through OAG. If at the expiration of sixty (60) days from the date of entry of judgment the funds have not been deposited with the court, ROW PD is to notify OAG and request that whatever collection action deemed necessary be taken to secure the funds due the State.

When a refund is withdrawn from the registry of the court, TxDOT will make the submission to the ROW Program Office according to the procedure outlined in .