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.ttorneyGeneral

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AnEqualOppcftunityl 4lfirmatlve Action Employw

# - TheAttorney General ofTexas
Decannber27, 1984

Honorable Glenn Ii. Kothmann Chainam Subcooplittec onEneq:y Texae State Senate P. 0. Box 12068, Cal)f.tol Station Austin, Texas 707 ’1:I Dear Senator Kothmann: Opinion No..IM-268 Re: Whether aveekly nevspaper qualifies as an “official legal publication

” under the Bond Procedures Act

Yourequest ou

’copinion regardlng the following: Withr#zgardto ‘official legal publication ’ for a munic:lpal utility district and/or water district, does aweekly newspaper with a general circulatiw~ in a county and, particularly, within the area covered by the municipal utility district and/or wter district qualify as the official legal publication for such district under the Bond Procedures Act? We conclude I:bat a weekly newspaper as described above may qualify as an official legal publication for a municipal utility district and/or water district under the BondProcedures Act of 1981. Legal publications in newspapers are governed byarticles 2ea and 29a. V.T.C.S. “Newspaper” is defined in article 28a(2), V.T.C.S., as:

any newspaper devoting not less than twenty-five percent (,i:SX)of its total ‘column lineage to the carrying of Items of general Interest. published not less frequently than once each week, entered aa secon&lass postal matter in the county where published; andhaving been published regularly and continuo&lv for not less than tvelve (121 months prior to tie making of any publication mentioned in this Ict.

. . . (Emphasis added). Article 29a. \

‘.T.C.S.. provides Inpart: After the effective date of this Act, in every case whe,ra any law, general or special, requires

n. 1195Ronorabla Glenn H.Kothwna - Page 2 (JH-268)

the giving of w notice
. . . by any . . . district of vhatev#!r nature within the State by

- publication in a uevspaper, the giving **of** such **notice**
. . . shall, be by publication in a nevspaper , as defined in Section 1 of this **Act** [article 28aI. If rny such Iav or laws specifies the manner of publl,c:ation of such notice
. . . in anewspaper, such 1~ or laws govern the manner of publication of sucll notice.
. . . If the manner of publication o,f such notics
. . . is not prescribed by the :lev requiring such notice to be **given**
. . . then publication of such notice, 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 for 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 of 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 the law or laws referred to therein. then such publication shall be in some newspaper issued **at** 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 BondProcedures Act of 1981. V.T.C.S. art. 717k-6. TheBondProcc!dures Act of 1981was enacted to provide a uniform procedure for the is:suance of bonds and other obligations, by defining the term “Issuer” I:Oinclude almost any instrumentality of the State of TCxas. includi,ng municipal utility districts and water districts. See V.T.C.S. art:. 717k-6. 51(a). The act is procedural

- ouly anddoes not grant ori{;:lnal power to anyissuer to issue bonds or eliminate sny legal requirement for basic issuance. SeeV.T.C.S. art. 717k-6. 52. The act has no notice provision. Accordingly. it is necessary to determine which statutes grant municipal utility districts and vater districts the authority to issue bonds. It is

p. 1196P honorable Glenn 11.KoChmann

-’Page 3 (&I-268)

also necessary to dctsmina vhich statutory provisions provide proccdurem which these dimricte are required to follow in giving officiaLnotice bynewepaper.
me statutes governing, municipel utility districts which are organized under article XVI, section 59of the Texae Constitution. are codified in chapter 54 of the Water Code. A municipal utility district is authorized to is5uc bonds. SeeWater 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. SeeWater Code 154.5121. Section 54.5121 of the WaterCode provides: - (a) Fxcept for refunding bonds, bond6 sold to

a state or federcll. agency, and bonds registered with any federal agency, after any bonds are finally approved a.ndbefore they are sold by a district, the board shall publish an appropriate notice of the sal(!: (1) at lealu: one time not less than 10days before the date of sale in a newspaper of general circulation which is published in the county or cotrrties in which the district is located; and (2) at lea,st one time in one or more recogniZad financial publications of general circulation in the atate as approved by the attorney general. (b) If a newspaper publication required by Subdivision (1). Subsection (a), of this section is not published in the county, then notice maybe published 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 as section 54.5121 of the Ua’:er Code. See Water Code 150.053 (special lawdistricts); 551.4321 (control andimprovement districts); 553.1791 (fresh water supply districts). All these statutory provisions except from application refunding bonds. bonds sold to a state or federal agency. and bonds registered with a federal agency. See Water Code

- 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 maycontain no reference to each other andwere enacted at

p. 1197tIonorabln Glenn 8. Kothvao - P,egeA (JX-268)

different sessions ofthe 1eg:lsleture. SeeC.A. DunhamCo. 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 at the intention of the legislature and must be harmonized, if possible, so as not to destroy the effect of either. See Cdvcrt v. Fort Worth Netional Bank. 356 S.U.2d 91B at 921 (Texx962). Article 28a(2), V.T.C.S., vhen read together with sections 50.053, 51.4321. 53.1791. and 54.5121 of the Water Code, would ellow anotice of bond aele to be published in aweekly oeuspapw with ageneral circulation in acounty within the area of the mun~icioal utilitr district and/or water district, provided that vith the provisions of Opinion H-1081 (1977). . the ‘board of the district strictly complies article 29a. V.T.C.S. Cf. Attorney General -

Aweekly newspaper with a general circulation in acounty within :he area covered byamunicipal utility district and!or water district mayqualify as the official :legsl publication for such district under the BondProcedures Act of 1981 and sections 50.053. 51..4321, 53.1791 and 54.5121 of the Water Code, provided that the provisions of article 29a. V.T.C. S., are strictly complied with.

MATTOX Attorney General of Texas
TOP: GREEN First Assistaut Attorney Gewral DAVIDR.RICHARDS Executive Assistant Attorney General RICKCILPIN Chairman, Opinion Committee Prepared byTonyCuilloxy Assistant Attorney General

p. 1198Honorable Glenn H. Kothuan - ‘r:bge5 W-268)

APPROVRD: OI’INION COMMITTEE Rick Gilpin, Chairman JonBible Colin Carl Susan Garrison TonyCuillo~ JimModlinger Jennifer Rig88 Nancy Sutton

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