ATTBE-SNEP GENERAL,
YI-IEXAS
Honorable Robert S. Calvert Opinion NO. M-934
Comptroller of Public Aocounts
State Finance Building Re: Whether any certification
Austin, Texas 78711 is now called for under
Article'4357, V.C..S.,
specifically including;.,
purchases governed by
Article 655, V.C.S., atid-
whether certification is
now called for in statutes
such as Article 6145-8
(Section 4-D) and 4386~
V.C.S. which do not relate
to purchases governed by
provisions of Article 655,
Dear Mr. Calvert: V.C.S.
Your request for an official opinion from this office
is concerned with the following questions:
1. Whether any certification is now
called for under Article 4357, Vernon's Civil
Statutes, specifically including purchases
governed by the provisions of Article 655,
Vernon's Civil Statutes; and if certification
is required, who is the proper party to make
the oertificate?
2. Whether verification of any kind is
now required in statutes such as Articles
6145-8 (Section 4D) and 4386c, Vernon's Civil
Statutes; and if so, who shall make the affida-
vits or verifications?
We reaffirm our opinion No. M-893-n (1971) in which
it was concluded that the Legislature clearly expressed its
intent in the enactment of House Bill 1190, Acts 62nd Legislature,
R. S. 1971, to eliminate the requirement for a certification on
the invoice by the contractors or sellers and requires that such
invoices be tendered in accordance with the Board of Control
rules and regulations. To this extent House Bill 1190 not only
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Honorable Robert S. Calvert, page 2 (M-934)
., :, .
amended such requirement in Article 655 but eliminated and
~amended such~ requirement in Article 4357 by necessary impli-
cation insofar as the same relates to contracts governed by
the provisions of Article 655. The reasoning and authorities
given in that opinion are applicable and appropriate in disposing
of your first question.
House Bill 1190, Acts 62nd Legislature, R. S, 1971,
does not eliminate or amend any other requirements in Article
4357 except the requirement for a certification on the invoices
by the contractor or seller in contracts governed by provisions
of Article 655. Therefore, the following requirements of
Article 4357 are still in effect and are quoted:
"(a) No warrant shall be prepared except
on presentation to the warrant clerk of a
properly audited claim, certified to its
correctness, the proper auditing of which
claim shall be evidenced by the initials
written thereon by the person auditing the
same: and such claim so certified and audit-
ed shall be sufficient and the only authority
for the preparation of a warrant or warrants.
. . .II
Under this question the receiving agency would have
the burden of complying with the above requirements of verifi-
cation.
In this regard Article 657, Vernon's Civil Statutes,
has application and is quoted as follows:
"As soon as supplies are received by a
State Agency they shall be inspected by the
storekeeper or person duly authorized to
receive supplies, and if such supplies corre-
spond in every particular with those covered
by the contract under which they were purchased
and if the invoice is correct, he shall certify
that such is true and transmit to the Board
of Control the original invoice and duplicate.
As soon as an invoice is received for services
rendered to any State Agency, if the store-
keeper or person duly authorized to check such
services finds that such services correspond
in every particular with those services con-
tracted for and that the invoice is correct,
then he shall certify that such is true and
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Honorable Robert Si Calvert, .page 3 (M-93.4)
transmit to the State Board of Control
the original invoice and duplicate. If
the Board of Control finds such invoice
to be correct, it shall approve and
transmit same to the State Comptroller."
Thereafter, Article 658, Vernon's;Civil Statutes,
controls the completion of the transaction:
"When such invoice so approved by
such storekeeper and by the Board of
Control, shall be approved by the Comp-
troller, he shall draw his warrant upon
the State Treasury for the amount due
on the invoice or for so much thereof as
has been allowed, and it shall be charged
against the institution."
It is our opinion that the requirements for verifica-
tion as set out in such special Articles as 6145-8 (Section 4D)
and 4386c, Vernon's Civil Statutes, are not eliminated or.
amended by House Bill 1190, Acts 62nd Legislature, R. S. 1971,
because they do not relate to purchases or contracts governed
by Article 655. Consequently, the specific requirements in
such articles must be carried out as well as the general
requirements contained in Article 4357 stated above.
SUMMARY
House Bill 1190, Acts 62nd Legislature,
R. S. 1971, amends Article 4357, and thereby
eliminates the requirements for a certifica-
tion on the invoices by the contractors or
sellers of all contracts and purchases
governed by the provisions of Article 655,
V.C.S. All other requirements set out in
Articles 4357, 657, 658 and such Articles
as 6145-8 (Section 4D) and 4386c, V.C.S.,
must be followed in all invoices prior to
presentation for payment.
Atto ey General of Texas
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Honorable Robert S. Calvert, page 4 (M-934)
Preqared by gam L. Jones
Ass ~stiintAttorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Malcolm Quick
Harriet Burke
Robert Darden
Rex H. White, Jr.
MEADE F. GRIFFIN
Staff Legal Assistant
ALFREDWALKER
Executive Assistant
NOLA WHITE
First Assistant
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