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 onthe purchase voucher form which you enalosed vlth your request meets the requirements of the statutes.. You refer ue to Artlolea 615 and655, Revised Civil Statutes 1925, andrequest that ve prepare anaffidavit IS the one on the form Is lnsnfflclent..

Theaffidavit onthe Sonnwhich you aubmlt reads: 'I **wear** or affirm that the **above** articles vere sold anddelivered, or that the above services vere rendered, at the dates and **for** the prioes bllled,~and that the above account Is correct, just andunpaid."
form **are** oa!EZ.) ormal parts of the aifldavlt as appearleg onthe

Article 61.5provides: "All accounts for printing done, or stationery furnished, exaept for the Legislature whenIn aenalon, shall be audited In the fcllow%ng mnnert Theaccount shall be verified by the affidavit of the contractor that It la true andco&e&, that the amount of vork charged for has actually been performed, or the actual amountof atatlonery andsuppll8s have been delivered, andthat the prices charged in the account are in accordanoe with the stipulations of the contract. Yheaccount s!ml: be accompanied by aionorable George B. Sheppard, Page 2

sample of the **vork** dotie, and **a** reoeipt iVomthe department to vhich the goods were delivered. Theaccount shall be eurmined by the Chief of the Division of Publia Printing, andwhencertified byhimas
‘oorreot, approved by the department to vhlch delivery wasmade. proved, After having been thus examined and **ap**

the Comptroller shall~irsue his varrant for the payment of aodount OU’t3f fhnds appropriated for that purpose.” Article 644 provldest

“TheBoard 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 andthe quantities and charboter required. All such W&I andproposals shall, I whenrequired 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 endmerohandlse rhall be delivered at such tines and In such quahtitles to such institutions, as the Board maydesignate. ” Artlale 652 provides t

“The supplies andarticles furnished under all bids andcontracts ahall be such aa called for by requlrltlon of the superintendents of the several institutlons. Each article shall btiequal to the sample vhlch **is required**  vith the accompanying bid.” . Artlole 655 provides: 'The contraotor 

### orseller shall in all cases dppend anaffidavit 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 oflorable 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 samewere shipped, If they check with the lnvoioes trsnsmltted and the semplea byvhlch the supplies were sold, he shall trtmsmit to the Board OSControl the original lnv~lces andduplicate vith his certlSlcate thereon that the supplies received correspond in every particular with the invoice andwith the samples byvhich they vere sold. IS the Board finds such invoice to be correct, It shall approve and transmit the sameto the Comptroller.” It is apparent that the affidavit vhlch you include in .eprinted form sent to us does not meet the requirements Of aticle 615.

Wesuggest the use OSthe 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 rendcorresponded 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 OFTEXAS

R. W.Falrohild *8313tant