Case Information
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- The Attorney General of Texas Decannber 27, 1984
JIM Ml-fox
. ttorney General Opinion No..IM-268 Honorable Glenn Ii. Kothmann - rprrm. caul Bull8ing Chainam 0.80x 12546 Re: Whether a veekly nevspaper Subcooplittec on Eneq:y ..USlill. lx. 76711. 2346 SlY4752561 qualifies as an “official legal Texae State Senate - tlax 9101674.1367 under P. 0. Box 12068, Cal)f.tol Station publication” the Bond Mcopiar 5121475-0286 707’1 :I Procedures Act Austin, Texas Dear Senator Kothmann: ‘14 Jackson. Suite 700 allas. 7X. 75202.4506 e W7428S44
You request ou’c opinion regardlng the following: With r#zgard to ‘official legal publication’ I24 AIbmi8 Are.. Suits 160 a munic:lpal utility district and/or water tl Pam TX. 79906.2793 91Y53%3464 does a weekly newspaper with a general
circulatiw~ in a county and, particularly, within the area covered by the municipal district
11~1 Texas. Suits 700 and/or wter district qualify the official “ourton. TX. 77002.3111 legal publication for such district under the Bond lY2235666 Procedures Act? 1336 Bro*dwsy. Suite 312 We conclude I:bat a weekly newspaper as described above may ubbock. TX. 794OlG479 qualify as an official legal for a municipal W747.5236 and/or water district under the Bond Procedures Act of 1981. 309 N. Twlh. Suite B Legal publications in newspapers are governed by articles 2ea and ACAllrn. TX. 76501-1665 29a. V.T.C.S. “Newspaper” is defined in article 28a(2), V.T.C.S., as: 512I662.4547
any newspaper devoting not less than twenty-five !OO Maln Flua. Suite 406 percent (,i:SX) of its total ‘column lineage San Antonio. TX. 762052797 carrying of Items of general Interest. 5lY2254191 not less frequently than once each week, entered
aa secon&lass postal matter in the county where published; and having been published regularly and
An Equal Oppcftunityl 4lfirmatlve Action Employw continuo&lv for not less than tvelve (121 months
prior tie making of any publication mentioned in this Ict. . . . (Emphasis added).
Article 29a. \‘.T.C.S.. provides In part: After the effective date of this Act, in every case whe,ra any law, general or special, requires n. 1195 *2 Ronorabla Glenn H. Kothwna - Page 2 (JH-268) notice . . . by any . . .
the giving of w of vhatev#!r nature within the State by - publication in a uevspaper, the giving such of . . . shall, be by publication in a
notice , as defined in Section 1 of this Act nevspaper If rny such Iav or laws specifies [article 28aI.
the manner of publl,c:ation of such notice . . . in a newspaper, such 1~ or laws govern the manner of If the manner publication of sucll notice. . . .
of publication o,f such notics . . . is not prescribed by the :lev requiring such notice to be then publication of such notice, . . . given proclametion, advertisement, or citation shall be made in a newspa’?er subject to the following restrictions and rc,quirements: (1) When the number of insertions of a
publication is not specified by the law or laws requiring or authorizing such publication, such publication shall be inserted in some newspaper for nt least one i:,c;ue of such nevspaper.
(2) If the per,Lod of time required the giving of any notie:e . . . is specified by the law or laws requiring or authorizing the giving of such notice . . . then the provisions of such lav or laws shall be complied with as to such period time in all publications made under the provisions of this .Act.
(3) If the plrxiod of time referred to in paragraph 2 of this Article is not specified in law or laws referred to therein. then such shall be in some newspaper issued least one day priar to the happening of the events referred to in such publication.
You particularly inquire about legal publications which sre required or authorized by the Bond Procedures Act of 1981. V.T.C.S.
art. 717k-6. The Bond Procc!dures Act of 1981 was enacted to provide a uniform procedure for the is:suance of bonds and other obligations, by defining term “Issuer” I:O include almost any instrumentality the State of TCxas. includi,ng municipal districts and water districts. See V.T.C.S. art:. 717k-6. 51(a). The act is procedural ouly and does not grant ori{;:lnal power to any issuer to issue bonds or eliminate sny legal requirement for basic issuance. See V.T.C.S. art.
717k-6. 52. The act has no notice provision. Accordingly. it is necessary determine which statutes grant municipal districts and vater districts the authority issue bonds. It is *3 P
honorable Glenn 11. KoChmann -’ Page 3 (&I-268) to dctsmina vhich statutory provisions provide
also necessary required to follow in giving proccdurem which these dimricte are officiaLnotice by newepaper.
me statutes governing, municipel districts which are organized under article XVI, section 59 of the Texae Constitution. are A municipal codified in chapter 54 the Water Code. is authorized is5uc bonds. See Water Code S54.501. The
Water Code provides that bttfore a bondz sold by a district, the notice of such sale must be published by the board In a newspaper. Section 54.5121 of the Water Code provides: See Water Code 154.5121.
- (a) Fxcept for refunding bonds, bond6 sold a state or federcll. agency, and bonds registered with any federal agency, after any bonds are finally approved a.nd before they are sold by a the board shall publish an appropriate notice of the sal(!: at lealu: one time not less than 10 days
(1) before the date of sale in a newspaper general circulation which is published in county or cotrrties in which the district is located; and lea,st one time in one or more (2)
recogniZad financial publications of general circulation in the atate as approved by attorney general.
(b) If a newspaper required by Subdivision (1). Subsection (a), of this section is not published in the county, then notice may be in any newspaper of general circulation in such county.
The notice provisions governing other types of water districts, whether organized under r.rtlcle XVI, section 59. or article III, section 52, of the Texas Constftution, contain the exact language section 54.5121 of the Ua’:er Code. See Water Code 150.053 (special law districts); 551.4321 (control and improvement districts); 553.1791 (fresh water supply districts). All these statutory provisions except from application refunding bonds. bonds sold to a state or federal and bonds registered with a federal agency. See Water Code agency. 550.053(a); 551.4321(a); 5,53.1791(a); 554.5121(a).
The applicable rule of statutory construction is that statutes dealing vith the same general subject are construed in pari materia though they may contain no reference to each other and were enacted at *4 - P,ege A tIonorabln Glenn 8. Kothvao (JX-268)
different sessions of the 1eg:lsleture. See C.A. Dunham Co. v. McKee, 57 S.W.2d 1132 at 1135 (Tex. Civ. App. -1 Pare 1933. writ ref’d); sea l lss 53 Tax. Jur.Zd Stal:utes B186. Statutes that are in pari materia are to be read and construed together in arriving intention of the legislature and must be harmonized, if possible, so as not to destroy the effect of either. See Cdvcrt v. Fort Worth Article 28a(2), Netional Bank. 356 S.U.2d 91B at 921 (Texx962).
V.T.C.S., vhen read together with sections 50.053, 51.4321. 53.1791.
and 54.5121 of the Water Code, would ellow a notice of bond aele to be in a weekly oeuspapw with a general circulation in a county within the area of the mun~icioal utilitr district and/or water . provided that the ‘board of the district strictly complies vith the provisions Cf. Attorney General article 29a. V.T.C.S. Opinion H-1081 (1977).
A weekly newspaper with a general circulation in a county within :he area covered by a municipal district and!or water district may qualify :legsl such official under the Bond Procedures Act of 1981 and sections 50.053. 51..4321, 53.1791 and 54.5121 of the Water Code, provided that the provisions
article 29a. V.T.C. S., are strictly complied with.
MATTOX Attorney General of Texas TOP: GREEN
First Assistaut Attorney Gewral
DAVID R. RICHARDS
Executive Assistant Attorney General
RICK CILPIN
Chairman, Opinion Committee
Prepared by Tony Cuilloxy
Assistant Attorney General
Honorable Glenn H. Kothuan ‘r:bge 5 W-268)
APPROVRD:
OI’INION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
Colin Carl
Susan Garrison
Tony Cuillo~
Jim Modlinger
Jennifer Rig88
Nancy Sutton
p. 1199