July 6, 1965

Honorable Crawford C.Martin Secretary of State Capitol Station Austin, Texas OpinionNO. c-461
Re: Constructionand meaning of the term, "any state-wide association of daily and weekly newspapers in Texas", as used in Article 6.07 Dear Sir; of the Texas Election Code.

Both the factual and the legal background on the questionyou have submitted to us are explained In your opinion request,which we quote:

"Werespectfully requestyour opinion on the meaning of the term, 'anystate-wideassociation of daily and weekly newspapers in Texas,' as used in Article 6.07 of the Texas Election Code. Specifically,may the term be interpreted to include business firms which regularly engage in contracting for advertisingwith newsmedia in the state? "Under the Constitution of the State of Texas, the Secretary of State is charged'with the responsibilityof havingpublished proposed ConstitutionalAmendments in news apers throughout the state. (ArticleXVII, Sec. 17. Procedural direction is provided statutorilyby the Legislature. "Prior to 1955, the rather broad language of Art. 6.07 of the Texas Election Code as to the manner in which the Secretary of State shall effect the required publication of such notices was embodied in the following sentence: 'Such ConstitutionalAmendments shall be published, under the authority of the Secretary of State, as requiredby the Constitution.'

-2197-Hon. Crawford C. Martin, page 2 (C-461)

"In 1955, Art. 6.07 of the Election Code was amended to include the following language: "'Provided,however, If the Secretary of State shall deem it more expeditious or economicalhe may apportion such amendmentsand make a written contractwith any state-wideassociation of dally and weekly newspapers in Texas for the publication of such ConstitutionalAmendments in newspapers designatedby him. Such association shall cause such amendments to be published in said newspapers in the manner requiredby the Constitution; * * +.' "Thequestion, as stated in the opening paragraph of this letter, is the constructionand legislative'intentof the term, 'anystate-wide association of dally and weekly newspapers in Texas.' "Thequestion arises from an inquirywhich this departmenthas received from a Texas firm engaged in the public relationsand advertising business. The business organizationregularly contractswith newspapers throughout the state in the natural course of its activities,and it desires to bid on a contractwith the State of Texas for the placement of Constitutional Amendment notices."
An "association"is defined broadly as "an organization of persons having a common interest." In a more restricted sense, the term is defined as "abody of persons organized for the prosecution of some purpose, having no charter from the state,but having the general form and mode of procedure of a corporation." Webster's Third New International Dictionary (1961). Another definition frequently given is that it Is "abody of personsunited and acting togetherwithout a charter, but upon the methods and forms used by Incorporated bodies for the prosecution of some common enterprise." Black's Law Dictionary (4thEd. 1951); Chicago Grain Trimmers Association v. Murphy 389 Ill. 102 58 N.E.2d 906 (1945);Port Terminal Hail&ad Associatiokv. Leonhardt 289 S.W.m49 (Tex.Civ.App.1956) The essential characteristic is that there be a joining Cogether of persons (i.e natural or artificial legal entities), constituting the'tnembership of the association, for the promotion of a commonpurpose through some type of organizationwhich themembers themselvescreate and control. In our opinion, the business relationship existing between the public relations firm and the newspapers of the State, as described In your letter, does not come
-2198-Hon. Crawford C. Martin, page 3 (6d61)

within this definition,and the firm in question is not a "state-wideassociation of daily and weekly newspapers" within the meaning of Article 6.07. your question in the negative. Accordingly,we answer

SUMMARY

A business firm engaged in public relations and advertisingwork which contracts for advertising with newspapers throughout the State does not come within the meaning of the term "state-wideassociation of daily and weekly newspapers" in Article 6.07 of the Texas Election Code.
Yours very truly,
WAGGONER CARR Attorney General 

# BY%- %a==- Mary K. Wall Assistant MKW:sj:ml
APPROVED:
OPINION COMMITTEE
W.V. Geppert, Chairman John Reeves Bob Flowers Harold Kennedy Paul Phy
APPROVED FOR THE ATTORNEY GENERAL BY: T. B. Wright

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