Q: At a school board meeting, a local attorney who was present said only the Texas attorney general has the authority to remove a board member, or a district attorney, if court action is taken through the district court. Is this information correct?
A: Local Government Code Chapter 87, Removal of County Officers From Office; Filling Vacancies — appears to contain the information you are seeking. Please check the language of the law at: https://statutes.capitol.texas.gov/Docs/LG/htm/LG.87.htm
First see Sec. 87.012, Officers Subject to Removal. It’s a long list. Under paragraph (14) see “a member of the board of trustees of an independent school district.”
Next, see this — and for your convenience — I am striking through language that does not pertain to a school board member.
Sec. 87.015. Petition for Removal. (a) A proceeding for the removal of an officer is begun by filing a written petition for removal in a district court of the county in which the officer resides. However, a proceeding for the removal of a district attorney is begun by filing a written petition in a district court of:
(1) the county in which the attorney resides; or
(2) the county where the alleged cause of removal occurred, if that county is in the attorney’s judicial district.
(b) Any resident of this state who has lived for at least six months in the county in which the petition is to be filed and who is not currently under indictment in the county may file the petition. At least one of the parties who files the petition must swear to it at or before the filing.
(c) The petition must be addressed to the district judge of the court in which it is filed. The petition must set forth the grounds alleged for the removal of the officer in plain and intelligible language and must cite the time and place of the occurrence of each act alleged as a ground for removal with as much certainty as the nature of the case permits. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Q: A customer wants us to run a gun-for-sale classified ad that includes a condition: that he will sell the gun only to a buyer who has a license to carry a handgun. Is that something I should be concerned about?
A: Seems the customer wants to be extra careful by wording his ad that way. It might already have occurred to him that some potential buyers out there would not be interested in a sale that is contingent on their having to present their license to carry on the front end before a purchase could be transacted.
Q: Did the Texas Legislature change the newspaper requirement for election notices? I assume it is still required to run a notice in newspapers.
A: Requirements for election notices to be published in qualified newspapers of general circulation were not eliminated. Election notice requirements were expanded, in this way: certain laws were amended to require local governmental bodies conducting elections to post election notice information on their official websites, if they operate official websites.
Two bills Texas Press Association supported, HB 440 and HB 933 — both of which passed — initiated requirements that governmental bodies put notice of election information on their websites.
See amended notice requirements under Election Code Chapter 4.003: https://statutes.capitol.texas.gov/Docs/EL/htm/EL.4.htm
Also see: https://www.sos.state.tx.us/elections/laws/nov-5-election-law-calendar-2...
Q: We have received a couple of requests from an oil and gas company needing notices published in two counties near us, neither of which has a newspaper. The oil and gas companies think our newspaper should carry the notices because they assume we have general circulation in those counties, which we do not. Could you please send me the criteria for running public notices?
A: Let’s review the Texas law, Government Code Sec. 2051.044, Type of Newspaper Required, which says that to publish the public notices of governmental bodies, a newspaper 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 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.
However, if the company wants to place a notice in a newspaper to satisfy a state law or rule, it’s up to that company to select which newspapers would effectively notify the intended audience. While there may not be a requirement to publish a particular notice in more than one newspaper, it might make sense for the company to publish in more than one. But if the company wants to place a notice in your newspaper, it’s alright for you to fulfill their wishes.
Q: How do I set a rate for legals? What’s the ballpark on that? What size type is required for legals? We use 10-point type for classifieds.
A: It’s typical for a newspaper to use its standard size for classified advertising in publishing legals and public notices. Ten-point type is one of several commonly used point sizes for that purpose.
As for setting a rate, the Texas law, Government Code Sec. 2051.045, Legal Rate Charged for Publication, says: “The legal rate for publication of a notice in a newspaper is the newspaper’s lowest published rate for classified advertising.”
You could look at your newspaper’s rate card, determine what is your newspaper’s lowest published rate for classified advertising and offer that rate.