Untitled Texas Attorney General Opinion ( 1969 )

E EXAS Honorable Martin Dieti,Jr. Opinion No. M-439 Secretary of State State of Texas 'Re: May the Secretary of State State Capitol Building publish and mail at state Austin, Texas 78711 expense a bulletin or news- letter for the purpose of informinn various interested Dear PIr,Dles: offices of changes in the law? You have requested the opinion of this office as to whether you have authority to publish and mall at state expense a bulletin or newsletter which would set forth changes in various laws of this state. The powers and duties of publfc officers of this state are prescribed by the provisions of the Constitution and statutes relating to the particular officer. He may perform only such acts as are consonant with those duties Imposed upon him by law. 47 Tex.Jur.2d 138, Public Offices @log. The statutory provisions relating to the duties and powers of the Secretary of State of the State of Texas are too numerous to discuss with any detail. We have carefully reviewed such statutes and do find a number of instances where it is the duty of the Secretary of State to cause to be prfnted and dfs- tributed certain statutes, directives, Instructions, and forms. Merely by way of example your attention is directed to Article 1.03, Texas Election Code; Articles 4331, 4334, 4336; Article 9.06, Texas Business Corporation Act. In this connection there is no statutory inhibition against the Secretary of State causing to be combined in news- letter or bulletin form several different statutes, directives, lnstructions,and forms which he is required by law to cause to be printed and distributed. The Secretary of State would not have the authority, however, to print and distribute a general news- letter or bulletin at state expense unless it contained those matters which he Is required to have printed and distributed. -2183- Hon. Martin Dies, Jr., Page 2 (M-439) SUMMARY In Instances where it Is the duty of the Secretary of State to cause to be printed and distributed certain statutes, directives, in- structions, and forms a number of these may be combined in a newsletter or bulletin printed at state expense. Newsletters or bulletins of other types are not authorized. ./7 Prepared by W. 0. Shultz Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman Fielding Early Milton Richardson Brandon Bickett Jim Swearlngen HAWTHORNE PHILLIPS Executive Assistant -2184-