July 6, 1965 

Honorable Crawford C. Martin 

Secretary of State 

Capitol Station 

Austin, Texas 

Opinion NO. c-461 

Re: Construction and 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 

question you have submitted to us are explained In your opinion 

request, which we quote: 

"We respectfully request your opinion on the 

meaning of the term, 'any state-wide association 

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 advertising with news media in the state? 

"Under the Constitution of the State of 

Texas, the Secretary of State is charged'with the 

responsibility of having published proposed 

Constitutional Amendments in news apers throughout 

the state. (Article XVII, Sec. 17. Procedural 

direction is provided statutorily by 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 

Constitutional Amendments shall be published, 

under the authority of the Secretary of State, 

as required by 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 economical he 

may apportion such amendments and make a written 

contract with any state-wide association of dally 

and weekly newspapers in Texas for the publication 

of such Constitutional Amendments in newspapers 

designated by him. Such association shall cause 

such amendments to be published in said newspapers 

in the manner required by the Constitution; * * +.' 

"The question, as stated in the opening 

paragraph of this letter, is the construction and 

legislative'intent of the term, 'any state-wide 

association of dally and weekly newspapers in Texas.' 

"The question arises from an inquiry which 

this department has received from a Texas firm 

engaged in the public relations and advertising 

business. The business organization regularly 

contracts with newspapers throughout the state 

in the natural course of its activities, and it 

desires to bid on a contract with 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 "a body 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 "a body of persons united and acting together without 

a charter, but upon the methods and forms used by Incorporated 

bodies for the prosecution of some common enterprise." Black's 

Law Dictionary (4th Ed. 1951); Chicago Grain Trimmers Association v. Murphy 389 Ill. 102 58 N.E.2d 906 (1945); Port 

Terminal Hail&ad Associatiok v. 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 common purpose through 

some type of organization which the members themselves create 

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-wide association 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 advertising work which contracts for advertising 

with newspapers throughout the State does not come 

within the meaning of the term "state-wide association 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 

-2199,