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." 

form are oa!EZ.) 

ormal parts of the aifldavlt as appearleg on the 

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 account shall be verified by the affidavit of the contractor 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 department to vhich the goods were delivered. The account 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. 

proved, 

After having been thus examined and apthe 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 institutlons. Each article shall bti equal to the sample vhlch is required vith the accompanying bid.” 

. 

Artlole 655 provides: 

'The contraotor or seller shall in all cases dppend 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 certlSlcate 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 contract.” 

Yours very truly 

ATTORNFX Qd OF TEXAS 

R. W. Falrohild 

*8313tant