3 

JIM Ml-fox 

. ttorney General 

- rprrm. caul Bull8ing 

0.80x 12546 

..USlill. lx. 76711. 2346 

SlY4752561 

- tlax 9101674.1367 

Mcopiar 5121475-0286 

‘14 Jackson. Suite 700 

allas. 7X. 75202.4506 

e W7428S44 

I24 AIbmi8 Are.. Suits 160 

tl Pam TX. 79906.2793 

91Y53%3464 

11~1 Texas. Suits 700 

“ourton. TX. 77002.3111 

lY2235666 

1336 Bro*dwsy. Suite 312 

ubbock. TX. 794OlG479 

W747.5236 

309 N. Twlh. Suite B 

ACAllrn. TX. 76501-1665 

512I662.4547 

!OO Maln Flua. Suite 406 

San Antonio. TX. 762052797 

5lY2254191 

An Equal Oppcftunityl 

4lfirmatlve Action Employw 

- The Attorney General of Texas 

Decannber 27, 1984 

Honorable Glenn Ii. Kothmann 

Chainam 

Subcooplittec on Eneq: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 a veekly nevspaper 

qualifies as an “official legal 

publication” under the Bond 

Procedures Act 

You request ou’c opinion regardlng the following: 

With r#zgard to ‘official legal publication’ for 

a munic:lpal utility district and/or water 

district, does a weekly 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 Bond Procedures Act of 1981. 

Legal publications in newspapers are governed by articles 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; and having 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 In part: 

After the effective date of this Act, in every 

case whe,ra any law, general or special, requires 

n. 1195 
Ronorabla 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 

a newspaper, 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 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 the term “Issuer” I:O include 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 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 to determine which statutes grant municipal utility 

districts and vater districts the authority to issue bonds. It is 

p. 1196 
P 

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 by newepaper. 

me statutes governing, municipel utility districts which are 

organized under article XVI, section 59 of the Texae Constitution. are 

codified in chapter 54 of the Water Code. A municipal utility 

district is authorized to 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. 

See Water Code 154.5121. Section 54.5121 of the Water Code 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.nd before they are sold by a 

district, the board shall publish an appropriate 

notice of the sal(!: 

(1) at lealu: one time not less than 10 days 

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 may be 

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 

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 

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 may contain no reference to each other and were enacted at 

p. 1197 
tIonorabln Glenn 8. Kothvao - P,ege A (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 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 a notice of bond aele to be 

published in a weekly oeuspapw with a general circulation in a county 

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 

- 

A weekly newspaper with a general circulation 

in a county within :he area covered by a municipal 

utility district and!or water district may qualify 

as the official :legsl publication for such 

district 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 of 

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 

p. 1198 
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