Honorable Crawford C. Martin Opinion No. C-514 

Secretary of State 

State of Texas Re: Whether, under the facts 

Austin, Texas stated, the "Ganado Tribune" 

is a newspaper eligible to 

publish legal notices under 

Dear Mr. Martin: Article 20a, V.C.S. 

You have requested the opinion of this office as to 

whether the "Ganado Tribune" is legally eligible to receive paid 

legal notice publication orders from the State of Texas under 

Article 28a, Vernon's Civil Statutes, which reads in pertinent 

part as follows: 

"Art. 28a.... 

(a) The term 'newspaper' shall mean any 

newspaper devoting not less than twenty-five (25) 

per cent of its total column lineage to the 

carrying of items of general interest, published 

not less frequently than once each week, entered 

fl ass ond-cl 6s 

published, and having been published regularly 

and continuously for not less than twelve (12) 

months prior to the making of any publication 

mentioned in this Act." (Emphasis supplied) 

In this connection you advise as follows: 

"The Ganado Tribune is a newspaper circulated almost entirely within the community 

and vicinity of Ganado, Texas, in Jackson County. 

It maintains an office and regularly employed 

staff of reporters and advertising personnel 

in the city of Ganado. In addition to general 

news coverage, it features news of a purely 

local nature, of interest solely to Ganado 

residents. Its advertising space is purchased 

almost entirely by Ganado businesses. 

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Hon. Crawford C. Martin, page 2 (C-514 ) 

"In all respects, this newspaper is regarded as a local newspaper by the residents of 

Ganado. It is the only newspaper published 

especially for the people of that community. 

"The Ganado Tribune is-printed at the 

,&lec Publishing Company'& plant at Yoakum 

in Lavaca County, where individual copies are 

addressed for mailing to subscribers at Ganado. 

It is entered as second-class postal matter at 

Yoakum, where the newspaper is mailed in bulk 

bundles to the post office at Ganado, in Jackson 

County. The post office at Ganado opens the 

bulk bundles and routes the individual copies 

to subscribers as already addressed." 

You ask whether the fact that the newspaper in question 

is printed in Yoakum, Lavaca County, and entered as second-class 

matter in that county, operates to forbid granting publication 

contracts to that newspaper in Ganado, Jackson County. The case 

of Christy vs. Williams, 292 S.W.2d 348 (Tex.Civ.App., 1956, 

error dismissed w.o.j. in 156 Tex. 555, 298 S.W.2d 565), dealt 

with virtually the exact question that is before us now. Therein, the Court held that there must be a substantial compliance 

with the law in holding special elections, as distinguished from 

a literal or absolute comuliance. The Court went further and 

stated that that portion of Section 2 of Article 28a, Vernon's 

Civil Statutes, which provides for publication in a newspaper 

which is entered as second-class postal matter in the county 

where published is at best directory, and not mandatory. 

Further, although the Ganado Tribune is printed in 

Lavaca County, and entered as second-class matter there, the 

fact that the business and editorial offices are located in 

Ganado, and the paper is principally circulated in the Ganado area, 

constitute sufficient evidence to conclude that the paper is published in Ganado, Jackson County. See Attorney General's Opinion 

No. 2993-C (1937) and citations contained therein. 

In view of the facts outlined in your request, and the 

case cited above, it is the opinion of this office that the 

"Ganado Tribune" is legally eligible to receive paid legal notice 

publication orders from the State of Texas, where other specific 

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Hon. Crawford C. Martin, page 3 (C-514 ) 

statutory requirements are met. 

SUMMARY 

The provision of Section 2 of Article 28a, 

V.C.S., requiring that a newspaper be entered as 

second-class matter in the county where published, 

is directory only. A newspaper that is printed 

by contract in one county and nailed for publication in another county is, under the facts of 

this opinion, legally eligible to receive paid 

legal notice publication orders from the State 

of Texas. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

By: ~&u~~ . 

Assistant 

MLQ:ra 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Pat Bailey 

Ralph Rash 

Jack Goodman 

APPROVED FOR THE ATTORNEY GENERAL 

By: T. B. Wright 

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