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Honorable Robert S. Calve& Comptrollerof 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 officeby the Claims and Accounts Committee of the House of Representativesof 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 lnformationwas furnished,and In view of this information, this claim Is now approved. "Accordingto the letterdated February 19, 1965, from J. Weldon Watson, Executive Director, to Honorable Tommy Shannon, Chairman of the Committeeon Claims and Accounts, 'Intheyear 1962, Moore Business Forms, Inc. was awarded a contractby 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 formswas 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 reorderwas coveredby the original contract. When invoiceswere presented for payment, the

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Board of Control determined that the purchase order did not provide for reorders. Inmy opinion, this conclusion was based on the fact that the Board of Control considered only the purchase order form, rather than the specificationson which thepurchase order was made. The specificationsdo not containa limit as to quantity. Only the purchase order,pursuant to the specifications, was limited in quantity. Therefore, unless the specificationscontained a provision which limited the number of purchase orders to be made, the contract did not prevent additionalpurchase orders from being made pursuant to the specifications. The original contract havingbeen approved by the Governor, Secretary of State and Comptroller, In compliancewith Section 21 of ArticleXVI of the Constitutionof Texas, it ismy opinion that State v. Steck, 236 S;W. 2d 866, does not apply to this claim, since this claim is supportedby a valid contract, executed in accordancewith thepre-existing law. In other words, in determiningwhether a claim is supportedby pre-existing law,you not only look to the purchase order,pursuant to the specifications,but al,soto the specifications themselves. This is especially true in the instant case, since at the time the purchase was made, all partieswere in agreement that the contract authorized thispurchase."
In view of the foregoing,you are advised that the claim submittedwith your request constitutesa 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, awardedby the Board of Control, is a valid obligation of the State of Texas, since the

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claim is supportedby a valid contract executed in accordancewith thepre-existing law.
Yours very truly,
WAGGONER CARR Attorney General

JR:ms
APPROVED:
OPINION COMMITTEE
W. 0. Shultz, Chairman Gordon Houser Roger Tyler IvanWilliams Larry Craddock, Jr.
APPROVED FOR THE ATTORNEY GENERAL By: T. B. Wright

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