TPA Frequently Asked Questions
The following information is from Subchapter C of the Government Code in the Texas Statutes. It defines the type of newspaper that qualifies to receive legal notices from governmental entities and includes guidelines on notice by publication.
Definition
How many issues
Type of newspaper
Legal Rate
County Notice
Other entities
Selection of newspaper
Deadline to publish
Billing for notice
Contract cancellation
Refusal to publish
SUBCHAPTER C. NOTICE BY PUBLICATION IN NEWSPAPER
Sec. 2051.041. Definitions.
In this subchapter:
(1) "Governmental entity" means an institution, board, commission, or department of:
(A) the state or a subdivision of the state; or
(B) a political subdivision of the state, including a municipality, a county, or any kind of district.
(2) "Governmental representative" includes an officer, employee, or agent of a governmental entity.
(3) "Notice" means any matter, including a proclamation or advertisement, required or authorized by law to be published in a newspaper by a governmental entity or representative.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Sec. 2051.042. Applicability of Subchapter.
(a) This subchapter applies only to the extent that the general or special law requiring or authorizing the publication of a notice in a newspaper by a governmental entity or representative does not specify the manner of the publication, including the number of times that the notice is required to be published and the period during which the notice is required to be published.
(b) This subchapter does not apply to the publication of a citation that relates to a civil suit and to which the Texas Rules of Civil Procedure apply.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.043. Publication in at Least One Issue Required.
Except as provided by Section 2051.046(b) or 2051.048(d), a notice shall be published in at least one issue of a newspaper.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.044. Type of Newspaper Required.
(a) The newspaper in which a notice is published must:
(1) devote not less than 25 percent of its total column lineage to general interest items;
(2) be published at least once each week;
(3) be entered as second-class (periodicals) postal matter in the county where published; and
(4) have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice.
(b) A weekly newspaper has been published regularly and continuously under Subsection (a) if the newspaper omits not more than two issues in the 12-month period.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.045. Legal Rate Charged for Publication.
The legal rate for publication of a notice in a newspaper is the newspaper's lowest published rate for classified advertising.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.046. Notice of County.
(a) A notice of a county shall be published in a newspaper published in the county that will publish the notice at or below the legal rate.
(b) If no newspaper that will publish the notice at or below the legal rate is published in the county, the notice shall be posted at the door of the county courthouse.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.048. Notice of Other Political Subdivision.
(a) This section applies only to a political subdivision other than a county or a conservation and reclamation district under Section 2051.047.
(b) A notice of a political subdivision shall be published in a newspaper that is published in the political subdivision and that will publish the notice at or below the legal rate.
(c) If no newspaper published in the political subdivision will publish the notice at or below the legal rate, the political subdivision shall publish the notice in a newspaper that:
(1) is published in the county in which the political subdivision is located; and
(2) will charge the legal rate or a lower rate.
(d) If no newspaper published in the county in which the political subdivision is located will publish the notice at or below the legal rate, the political subdivision shall post the notice at the door of the county courthouse of the county in which the political subdivision is located.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.049. Selection of Newspaper.
The governmental entity or representative required to publish a notice in a newspaper shall select, in accordance with this subchapter, one or more newspapers to publish the notice.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.050. Time of Publication.
A notice must be published in a newspaper issued at least one day before the occurrence of the event to which the notice refers.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.051. Bill for Publication.
A newspaper that publishes a notice shall submit a bill for the publication with a clipping of the published notice and a verified statement of the publisher that:
(1) states the rate charged;
(2) certifies that the rate charged is the newspaper's lowest published rate for classified advertising; and
(3) certifies the number and dates of the publication.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.052. Cancellation of Publishing Contract.
The General Services Commission or a district or county official required to publish a notice may cancel a contract executed by the commission or official for the publication if the commission or official determines that the newspaper charges a rate higher than the legal rate.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2051.053. Refusal of Newspaper to Publish Notice or Citation.
(a) The refusal of a newspaper to publish, without receiving advance payment for making the publication, a notice or citation in a state court proceeding in which the state or a political subdivision of the state is a party and in which the cost of the publication is to be charged as fees or costs of the proceeding is considered an unqualified refusal to publish the notice or citation.
(b) The sworn statement of the newspaper's publisher or the person offering to insert the notice or citation in the newspaper is subject to record as proof of the refusal.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993
