Honorable Crawford C. Martin OpinionNo. C-514

Secretary of State State of Texas Re: Whether, under the facts Austin, Texas stated, the "GanadoTribune" 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 "GanadoTribune" 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'shallmean 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 eachweek, entered fl as s ond-cl 6s published, andhaving been published regularly and continuously for not less than twelve (12) months prior to the making of any publication mentioned in thisAct." (Emphasissupplied)

In this connectionyou advise as follows:

"TheGanado Tribune is a newspaper circulated almost entirelywithin the community and vicinity of Ganado, Texas, in Jackson County. Itmaintains an office and regularly employed staff of reporters and advertisingpersonnel in the city of Ganado. In addition to general
news coverage, it featuresnews of a purely local nature, of interest solely to Ganado residents. Its advertisingspace is purchased almost entirelyby Ganado businesses.
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"Inall respects, this newspaper is regarded as a local newspaperby the residents of Ganado. It is the only newspaper published especially for the people of that community.

"TheGanado Tribune is-printedat the ,&lec PublishingCompany'& plant at Yoakum in Lavaca County,where individualcopies are addressed formailing to subscribers at Ganado. It is entered as second-classpostalmatter at Yoakum, where the newspaper is mailed inbulk bundles to the post office at Ganado, in Jackson County. The post office at Ganado opens the bulk bundles and routes the individualcopies to subscribersas already addressed."

You ask whether the fact that the newspaper in question is printed inYoakum, Lavaca County, and entered as second-class matter in that county, operates to forbidgranting 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 dismissedw.o.j. in 156 Tex. 555, 298 S.W.2d 565), dealt with virtually the exact question that isbefore us now. Therein, the Courtheld that theremust be a substantialcompliance with the law inholding special elections, as distinguished from
a literal or absolute comuliance. The Courtwent 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-classpostalmatter 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-classmatter there, the fact that thebusiness and editorial offices are located in Ganado, and the paper is principallycirculated 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 inyour request, and the
case cited above, it is the opinion of this office that the "GanadoTribune" is legally eligible to receive paid legal notice publication orders from the State of Texas,where other specific
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statutory requirements are met.

SUMMARY

The provision of Section 2 of Article 28a, V.C.S., requiring that a newspaperbe entered as second-classmatter in the countywhere 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 trulyyours,

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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