Texas Attorney General Opinion: V-321 Page: 1 of 4
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' THE ArrORNEY GENERAL
Auwnw 11,TA
' Or TEX AS
PRICs DANIEL AU'IN 11 A8
July 30, 1947
Ion. T. B. Warden, Meaber Opinion No. V7-321
State Board of Contr*1
Austin, Texas Re: Whether the Board of
Control is authorized
under Artiole 5160,
V. CG S., to accept a
payment bond in lieu
of "satisfactory evi-
dence" that all bills
for labor and materials
furni-shed the contrao-
torhave been paid0
Dear Sir:
The basis of your request for an opinion is an
interpretation of the last paragraph of Article 5160,
7. 0, S., whioh provides as follows:.,
"Provided further that after comple-
tion and acceptance of completed project
all moneys due contractor under said con-
tract shall be held by the State or its
o enties or school districts or other sub-
Aivision thereof or any municipality un-
til such a time that satisfactory evidence
is submitted and affidavits made by the
contractor that all just bills for labor
and material under this contract has been
paid in full by the contractor."
According to your letter, you construe the pro-
vision for "satisfactory evidence" to require "receipted
bills" furnished by the contractor to show that the ma-
terials and labor have been fully paid for. You further
say that this interpretation results in hardship upon
numerous contractors because of their inability to fur-
nish receipted bills for every item purchased aM whioh
goea into every project. You give as an example of the
hardship referred to, the following set of facts:
"A contractor purchases and pays for
a car load of cement. The concrete made
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-321, text, July 30, 1947; (https://texashistory.unt.edu/ark:/67531/metapth265140/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.