Untitled Texas Attorney General Opinion
GA-0856
| Tex. Att'y Gen. | Jul 2, 2011Background
- City of Eagle Pass seeks to publish official notices after the closure of its historically used newspaper; Government Code chapter 2051 governs newspaper publication when other law requires notice but does not specify publication method; 2051.044 sets four substantive requirements for a newspaper used for such notices; 2051.048 provides alternative publication options if no suitable newspaper exists; City proposed selecting a local paper without a second-class postal permit and notifying residents via water/wastewater bills; AG cannot conclude that use of a noncompliant newspaper would be lawful; Christy v. Williams is cited to discuss compliance standards but does not authorize prospective noncompliance; summary states publication must meet 2051.044, and legislature may supply additional methods.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Publication requirements under 2051.044 | City argues it may miss 2051.044 elements if no suitable newspaper exists | Abbott states publication must satisfy 2051.044 | Noncompliant newspaper use not advised as lawful |
| What to do if no suitable newspaper exists | City seeks alternative publication under 2051.048 | Subsections 2051.048(c)-(d) provide alternative venues or posting | If no paper meeting 2051.044 exists, use alternatives per 2051.048 or posting at courthouse |
| Effect of Christy on prospective compliance | Christy suggests substantial compliance may suffice | Christy does not authorize prospective noncompliance with 2051.044 | Christy does not validate publishing notices in a noncompliant newspaper |
Key Cases Cited
- Christy v. Williams, 292 S.W.2d 348 (Tex. Civ. App.-Galveston 1956) (election-notice validity; prospective compliance not established)