. 

EC 

Honorable Robert S. Calve& 

Comptroller of Public Accounts 

State Capitol Building 

Austin, Texas 

Opinion No. C-494 

Re: Payment of claim for 

printing certain forms 

for the Texas Game and 

Dear Mr. Calvert: Fish Commission. 

You have requested our opinion on the legality of a 

claim of the Moore Business Forms, Inc., for unpaid invoices 

for printing licenses for the Game and Fish Commission, now 

Parks and Wildlife Commission. 

The claim involved in your request was submitted to 

this office by the Claims and Accounts Committee of the House 

of Representatives of the 59th Legislature, and, on April 12, 

1965, this office approved said claim, stating in a memorandum: 

"This claim was originally disapproved, 

however on April 9, 1965, additional lnformation was furnished, and In view of this information, this claim Is now approved. 

"According to the letter dated February 

19, 1965, from J. Weldon Watson, Executive 

Director, to Honorable Tommy Shannon, Chairman of the Committee on Claims and Accounts, 

'In the year 1962, Moore Business Forms, Inc. 

was awarded a contract by purchase order 

through the State Board of Control for the 

printing of licenses for this department.' 

Following this purchase order, a reorder of 

hunting license forms was made. At the time 

of this reorder, it was the opinion of the 

Board of Control, the Game and Fish Commlsslon and Moore Business Forms, Inc., that the 

reorder was covered by the original contract. 

When invoices were presented for payment, the 

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Hon. Robert S. Calvert, page 2 (C-494) 

Board of Control determined that the purchase 

order did not provide for reorders. In my 

opinion, this conclusion was based on the 

fact that the Board of Control considered 

only the purchase order form, rather than 

the specifications on which the purchase 

order was made. The specifications do not 

contain a limit as to quantity. Only the 

purchase order, pursuant to the specifications, was limited in quantity. Therefore, 

unless the specifications contained a provision which limited the number of purchase 

orders to be made, the contract did not prevent additional purchase orders from being 

made pursuant to the specifications. The 

original contract having been approved by 

the Governor, Secretary of State and Comptroller, In compliance with Section 21 of 

Article XVI of the Constitution of Texas, it 

is my opinion that State v. Steck, 236 S;W. 

2d 866, does not apply to this claim, since 

this claim is supported by a valid contract, 

executed in accordance with the pre-existing 

law. In other words, in determining whether 

a claim is supported by pre-existing law, you 

not only look to the purchase order, pursuant 

to the specifications, but al,so to the specifications themselves. This is especially true 

in the instant case, since at the time the 

purchase was made, all parties were in agreement that the contract authorized this purchase." 

In view of the foregoing, you are advised that the claim 

submitted with your request constitutes a legal obligation of 

the State of Texas and is now payable. 

SUMMARY 

The claim of Moore Business Forms, Inc., 

for printing of licenses for the Game and Fish 

Commission, now Parks and Wildlife Commission, 

awarded by the Board of Control, is a valid 

obligation of the State of Texas, since the 

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Hon. Robert S. Calvert, Page 3 (C-494) 

claim is supported by a valid contract executed in accordance with the pre-existing 

law. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

JR:ms 

APPROVED: 

OPINION COMMITTEE 

W. 0. Shultz, Chairman 

Gordon Houser 

Roger Tyler 

Ivan Williams 

Larry Craddock, Jr. 

APPROVED FOR THE ATTORNEY GENERAL 

By: T. B. Wright 

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