OFFICEOFTHEATTORNEY GENERALOFrE=S
AUSTIN
Honorable George II. Sheppard
CmptrOll8r of Public Accouuta
Austill, Texas
Deer Sir: Opinion No. o-4136
Rer Proposed affidavit for
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
615 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 articles
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 The ac-
count shall be verified by the affidavit of the con-
tractor that It la true and co&e&, that the amount
of vork charged for 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
ionorable George B. Sheppard, Page 2
sample of the vork dotie, and a reoeipt iVom the de-
partment to vhich the goods were delivered. The ac-
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 for
that purpose.”
Article 644 provldest
“The Board shall advertise for sealed blds or
proposals to.Surnish the aggregate of the articles
and supplies as eatlmated by such instltutions,namlng
the artioles and supplies and the quantities and
charboter required. All such W&I and proposals shall, I
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.
Article 656 provides t
“Invoices of all tiupplies shall be f’urnlshed ln
triplicate by the contractor or seller at the time of
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.”
Article 657 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
samples by vhich they vere sold. IS the Board finds
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.”
Yours very truly
ATTORNFXQd OF TEXAS
R. W. Falrohild
*8313tant