Case Information

*1 OFFICEOFTHEATTORNEY GENERALOFrE=S AUSTIN

Honorable George II. Sheppard

CmptrOll8r of Public Accouuta

Austill, Texas Opinion No. o-4136

Deer Sir:

Rer Proposed affidavit purchase voucher form.

Your letter of October 20th requests the opinion of this department on the question whether the affidavit prlnted on the purchase voucher form which you enalosed vlth your request meets the requirements of the statutes.. You refer ue to Artlolea and 655, Revised Civil Statutes 1925, and request that ve prepare an affidavit IS the one on the form Is lnsnfflclent..

The affidavit on the Sonn which you aubmlt reads: 'I wear or affirm that the above vere sold and delivered, or that the above services vere rendered, at the dates and for the prioes bllled,~and that the above account Is correct, just and unpaid."

ormal parts of the aifldavlt as appearleg on the form are oa!EZ.)

Article 61.5 provides:

"All accounts for printing done, or stationery furnished, exaept for the Legislature when In aenalon, shall be audited In the fcllow%ng mnnert count shall be verified by the affidavit of the con- tractor that It la true and co&e&, that the amount of vork charged has actually been performed, or the actual amount of atatlonery and suppll8s have been delivered, and that the prices charged in the account are in accordanoe with the stipulations of the contract. Yhe account s!ml: be accompanied by a *2 ionorable George B. Sheppard, Page 2

sample of the vork dotie, and a reoeipt iVom the de- partment to vhich the goods were delivered.

count shall be eurmined by the Chief of the Division of Publia Printing, and when certified by him as ‘oorreot, approved by the department to vhlch delivery was made. After having been thus examined and ap- proved, the Comptroller shall~irsue his varrant for the payment of aodount OU’t3f fhnds appropriated that purpose.”

Article 644 provldest

“The Board shall advertise sealed blds or proposals to.Surnish the aggregate of the and supplies as eatlmated by such instltutions,namlng the artioles and supplies and the quantities and I charboter required. All such W&I and proposals shall, ~ when required by the Board, be accompanied by sam$les or designs furnished by the bidder, and shall be for the entire period of one year. Such supplies, artioles end merohandlse rhall be delivered at such tines and In such quahtitles to such institutions, as the Board may designate. ”

Artlale 652 provides t

“The supplies and articles furnished under all bids and contracts ahall be such aa called for by requlrltlon of the superintendents of the several in- stitutlons. Each article shall bti equal to the sam- . ple vhlch is required vith the accompanying bid.”

Artlole 655 provides:

'The contraotor or seller shall in all cases dp- pend an affidavit stating that the invoice is correct and that it corresponds In eveq particular to the supplle~ furnished and shipped. provides t

“Invoices of all tiupplies shall be f’urnlshed ln triplicate by the contractor or seller at the time of *3 lorable George Ii. Sheppard, Page 3,

delivery of said supplies., one of vhlch shall.%8 sent to the storekeeper of the institution to which the supplies are 3ent.” prqvidesl

“As soon as supplies are received and examined by the storekeeper of the institution to vhioh the same were shipped, If they check with the lnvoioes trsnsmltted and the semplea by vhlch the supplies were sold, he shall trtmsmit to the Board OS Control the original lnv~lces and duplicate vith his certl- Slcate thereon that the supplies received correspond in every particular with the invoice and with the IS the Board finds samples by vhich they vere sold.

such invoice to be correct, It shall approve and transmit the same to the Comptroller.”

It is apparent that the affidavit vhlch you include in .e printed form sent to us does not meet the requirements Of aticle 615.

We suggest the use OS the following Sormt “The foregoing account is true, correct and unpaid; the auount of,vork charged for vas actually performed; the articles charged for were actually delivered rend corresponded to the samgles submltted with the bid; the articles delivered, the vork done, and the prices charged therefor conform to the con- tract.” very truly

Yours ATTORNFX Qd OF TEXAS R. W. Falrohild *8313tant