Untitled Texas Attorney General Opinion ( 1984 )

3
- The Attorney General of Texas
Decannber 27, 1984
JIM Ml-fox
. ttorney General
- rprrm. caul Bull8ing Honorable Glenn Ii. Kothmann Opinion No..IM-268
0.80x 12546 Chainam
..USlill. lx. 76711. 2346 Subcooplittec on Eneq:y Re: Whether a veekly nevspaper
SlY4752561 Texae State Senate qualifies as an “official legal
- tlax 9101674.1367
P. 0. Box 12068, Cal)f.tol Station publication” under the Bond
Mcopiar5121475-0286
Austin, Texas 707’1:I Procedures Act
‘14 Jackson. Suite 700 Dear Senator Kothmann:
allas. 7X. 75202.4506
e W7428S44
You request ou’c opinion regardlng the following:
I24 AIbmi8Are..Suits 160 With r#zgard to ‘official legal publication’ for
tl Pam TX. 79906.2793 a munic:lpal utility district and/or water
91Y53%3464 district, does a weekly newspaper with a general
circulatiw~ in a county and, particularly, within
11~1Texas.Suits 700 the area covered by the municipal utility district
“ourton. TX. 77002.3111 and/or wter district qualify as the official
lY2235666 legal publication for such district under the Bond
Procedures Act?
1336Bro*dwsy. Suite 312
We conclude I:bat a weekly newspaper as described above may
ubbock. TX. 794OlG479
W747.5236 qualify as an official legal publication for a municipal utility
district and/or water district under the Bond Procedures Act of 1981.
309 N. Twlh. Suite B Legal publications in newspapers are governed by articles 2ea and
ACAllrn. TX. 76501-1665
512I662.4547 29a. V.T.C.S. “Newspaper” is defined in article 28a(2), V.T.C.S., as:
any newspaper devoting not less than twenty-five
!OOMaln Flua. Suite 406 percent (,i:SX) of its total ‘column lineage to the
San Antonio. TX. 762052797
carrying of Items of general Interest. published
5lY2254191
not less frequently than once each week, entered
aa secon&lass postal matter in the county where
An Equal Oppcftunityl published; and having been published regularly and
4lfirmatlve Action Employw continuo&lv for not less than tvelve (121 months
prior to tie making of any publication mentioned
in this Ict. . . . (Emphasis added).
Article 29a. \‘.T.C.S.. provides In part:
After the effective date of this Act, in every
case whe,ra any law, general or special, requires
n. 1195
Ronorabla Glenn H. Kothwna - Page 2 (JH-268)
the giving of w notice . . . by any . . .
district of vhatev#!r nature within the State by
- publication in a uevspaper, the giving of such
notice . . . shall, be by publication in a
nevspaper , as defined in Section 1 of this Act
[article 28aI. If rny such Iav or laws specifies
the manner of publl,c:ation of such notice . . . in
a newspaper, such 1~ or laws govern the manner of
publication of sucll notice. . . . If the manner
of publication o,f such notics . . . is not
prescribed by the :lev requiring such notice to be
given . . . then publication of such notice,
proclametion, advertisement, or citation shall be
made in a newspa’?er subject to the following
restrictions and rc,quirements:
(1) When the number of insertions of a
publication is not specified by the law or laws
requiring or authorizing such publication, such
publication shall be inserted in some newspaper
for nt least one i:,c;ue of such nevspaper.
(2) If the per,Lod of time required for the
giving of any notie:e . . . is specified by the law
or laws requiring or authorizing the giving of
such notice . . . then the provisions of such lav
or laws shall be complied with as to such period
of time in all publications made under the
provisions of this .Act.
(3) If the plrxiod of time referred to in
paragraph 2 of this Article is not specified in
the law or laws referred to therein. then such
publication shall be in some newspaper issued at
least one day priar to the happening of the events
referred to in such publication.
You particularly inquire about legal publications which sre
required or authorized by the Bond Procedures Act of 1981. V.T.C.S.
art. 717k-6. The Bond Procc!dures Act of 1981 was enacted to provide a
uniform procedure for the is:suance of bonds and other obligations, by
defining the term “Issuer” I:O include almost any instrumentality of
the State of TCxas. includi,ng municipal utility districts and water
districts. -See V.T.C.S. art:. 717k-6. 51(a). The act is procedural
ouly and does not grant ori{;:lnal power to any issuer to issue bonds or
eliminate sny legal requirement for basic issuance. See V.T.C.S. art.
717k-6. 52. The act has no notice provision. Accordingly. it is
necessary to determine which statutes grant municipal utility
districts and vater districts the authority to issue bonds. It is
p. 1196
P
honorable Glenn 11. KoChmann -’ Page 3 (&I-268)
also necessary to dctsmina vhich statutory provisions provide
proccdurem which these dimricte are required to follow in giving
officiaLnotice by newepaper.
me statutes governing, municipel utility districts which are
organized under article XVI, section 59 of the Texae Constitution. are
codified in chapter 54 of the Water Code. A municipal utility
district is authorized to is5uc bonds. See Water Code S54.501. The
Water Code provides that bttfore a bondz sold by a district, the
notice of such sale must be published by the board In a newspaper.
-See Water Code 154.5121. Section 54.5121 of the Water Code provides:
(a) Fxcept for refunding bonds, bond6 sold to
a state or federcll. agency, and bonds registered
with any federal agency, after any bonds are
finally approved a.nd before they are sold by a
district, the board shall publish an appropriate
notice of the sal(!:
(1) at lealu: one time not less than 10 days
before the date of sale in a newspaper of
general circulation which is published in the
county or cotrrties in which the district is
located; and
(2) at lea,st one time in one or more
recogniZad financial publications of general
circulation in the atate as approved by the
attorney general.
(b) If a newspaper publication required by
Subdivision (1). Subsection (a), of this section
is not published in the county, then notice may be
published in any newspaper of general circulation
in such county.
The notice provisions governing other types of water districts,
whether organized under r.rtlcle XVI, section 59. or article III,
section 52, of the Texas Constftution, contain the exact language as
section 54.5121 of the Ua’:er Code. See Water Code 150.053 (special
law districts); 551.4321 (control and improvement districts); 553.1791
(fresh water supply districts). All these statutory provisions except
from application refunding bonds. bonds sold to a state or federal
agency. and bonds registered with a federal agency. See Water Code
550.053(a); 551.4321(a); 5,53.1791(a); 554.5121(a). -
The applicable rule of statutory construction is that statutes
dealing vith the same general subject are construed in pari materia
though they may contain no reference to each other and were enacted at
p. 1197
tIonorabln Glenn 8. Kothvao - P,ege A (JX-268)
different sessions of the 1eg:lsleture. See C.A. Dunham Co. v. McKee,
57 S.W.2d 1132 at 1135 (Tex. Civ. App. -1 Pare 1933. writ ref’d);
sea l lss 53 Tax. Jur.Zd Stal:utes B186. Statutes that are in pari
materia are to be read and construed together in arriving at the
intention of the legislature and must be harmonized, if possible, so
as not to destroy the effect of either. See Cdvcrt v. Fort Worth
Netional Bank. 356 S.U.2d 91B at 921 (Texx962). Article 28a(2),
V.T.C.S., vhen read together with sections 50.053, 51.4321. 53.1791.
and 54.5121 of the Water Code, would ellow a notice of bond aele to be
published in a weekly oeuspapw with a general circulation in a county
within the area of the mun~icioal . utilitr district and/or water
district, provided that the ‘board of the district strictly complies
vith the provisions of article 29a. V.T.C.S. -Cf. Attorney General
Opinion H-1081 (1977).
A weekly newspaper with a general circulation
in a county within :he area covered by a municipal
utility district and!or water district may qualify
as the official :legsl publication for such
district under the Bond Procedures Act of 1981 and
sections 50.053. 51..4321, 53.1791 and 54.5121 of
the Water Code, provided that the provisions of
article 29a. V.T.C. S., are strictly complied with.
MATTOX
Attorney General of Texas
TOP:GREEN
First Assistaut Attorney Gewral
DAVID R. RICHARDS
Executive Assistant Attorney General
RICK CILPIN
Chairman, Opinion Committee
Prepared by Tony Cuilloxy
Assistant Attorney General
p. 1198
Honorable Glenn H. Kothuan - ‘r:bge 5 W-268)
APPROVRD:
OI’INION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
Colin Carl
Susan Garrison
Tony Cuillo~
Jim Modlinger
Jennifer Rig88
Nancy Sutton
p. 1199