## 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 isnow called forunder 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 topurchases governed by
DearMr. Calvert: provisions ofArticle 655, V.C.S.
Your request for an official opinion from this office is concerned with the following questions:

1. Whether any certification isnow called for underArticle 4357, Vernon's Civil Statutes, specifically including purchases governed by the provisions ofArticle 655, Vernon's Civil Statutes; and if certification is required, who is the proper party tomake the oertificate?
2. Whether verification of any kind is now required in statutes such asArticles 6145-8 (Section 4D) and 4386c, Vernon's Civil Statutes; and if so,who shallmake the affidavits or verifications?
We reaffirm our opinion No. M-893-n (1971) inwhich itwas concluded that the Legislature clearly expressed its intent in the enactment ofHouse Bill 1190,Acts 62nd Legislature, R. S. 1971, to eliminate the requirement fora certification on the invoice by the contractors or sellers and requires that such invoices be tendered in accordance with theBoard of Control rules and regulations. To this extent House Bill 1190 not only

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., :,
. amended such requirement inArticle 655but eliminated and ~amendedsuch~requirement inArticle 4357by necessary implication insofar as the same relates to contracts governed by the provisions ofArticle 655. The reasoning and authorities given in that opinion are applicable and appropriate indisposing ofyour first question.

House Bill 1190,Acts 62nd Legislature, R. S, 1971, does not eliminate or amend any other requirements inArticle 4357 except the requirement for a certification on the invoices by the contractor or seller in contracts governed by provisions ofArticle 655. Therefore, the following requirements of Article 4357 are still in effect and arequoted:

"(a)No warrant shallbe prepared except onpresentation to thewarrant clerk of a properly audited claim, certified to its correctness, theproper auditing ofwhich claim shallbe evidenced by the initials written thereon by theperson auditing the same: and such claim so certified and audited shall be sufficient and the only authority for thepreparation of awarrant orwarrants. II

. . . Under this question the receiving agency would have theburden of complying with the above requirements ofverification.
In this regard Article 657,Vernon's Civil Statutes, has application and isquoted as follows:

"As soon as supplies are received by a State Agency they shallbe inspected by the storekeeper orperson duly authorized to receive supplies, and if such supplies correspond in every particular with those covered by the contract under which theywere purchased and if the invoice is correct, he shall certify that such is true and transmit to theBoard of Control the original invoice and duplicate. As soon as an invoice is received for services rendered to any StateAgency, if the storekeeper or person duly authorized to check such services finds that such services correspond inevery particular with those services contracted for and that the invoice is correct, then he shall certify that such is true and -4556-Honorable Robert Si Calvert, .page3 (M-93.4)

transmit to the State Board of Control the original invoice and duplicate. If theBoard of Control finds such invoice tobe 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 soapproved by such storekeeper andby theBoard of Control, shall be approved by the Comptroller, he shall draw hiswarrant upon the State Treasury for the amount due on the invoice or for somuch thereof as has been allowed, and it shall be charged against the institution."
It isour opinion that the requirements forverification as set out in such special Articles as 6145-8 (Section 4D) and 4386c, Vernon's Civil Statutes, arenot eliminated or. amended by House Bill 1190,Acts 62nd Legislature, R. S. 1971, because they donot relate topurchases or contracts governed by Article 655. Consequently, the specific requirements in such articles must be carried out aswell as the general requirements contained inArticle 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 andpurchases governed by the provisions ofArticle 655, V.C.S. All other requirements set out in Articles 4357, 657, 658 and suchArticles as 6145-8 (Section 4D) and 4386c, V.C.S., must be followed in all invoices prior to presentation forpayment.

Atto ey General of Texas
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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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