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., atidwhether 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 

Dear Mr. Calvert: 

provisions of Article 655, 

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 affidavits 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 implication 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 audited 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 verification. 

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 correspond 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 storekeeper or person duly authorized to check such 

services finds that such services correspond 

in every particular with those services contracted 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 Comptroller, 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 verification 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 certification 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 ~stiint Attorney 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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