CHAPTER 2051. GOVERNMENT DOCUMENTS, PUBLICATIONS, AND NOTICES

State Codes and Statutes

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GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE B. INFORMATION AND PLANNING

CHAPTER 2051. GOVERNMENT DOCUMENTS, PUBLICATIONS, AND NOTICES

SUBCHAPTER A. OFFICIAL SEALS

Sec. 2051.001. ADOPTION OF SEAL. A commission or board created

by state law and a commissioner whose office is created by state

law may adopt a seal with which to attest an official document,

certificate, or other written paper.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. PAPER SUPPLIES AND EQUIPMENT

Sec. 2051.021. UNIFORM SIZE OF PAPER SUPPLY AND CABINET. (a) A

state agency may not purchase:

(1) forms, bond paper, stationery, pads, or similar paper

supplies that exceed 8-1/2 inches by 11 inches in size; or

(2) a filing cabinet designed to store completed documents that

exceed 8-1/2 inches by 11 inches in size.

(b) This section does not prohibit the purchase or use of:

(1) paper supplies that are perforated or otherwise designed to

produce completed documents of 8-1/2 inches by 11 inches in size

or smaller;

(2) fanfold paper designed for use in a computer peripheral

device; or

(3) forms or paper supplies used for:

(A) a document prepared on a form developed by a national

organization for use by a state or a form designed to be

compatible with that document;

(B) preparation of a document required by the federal

government;

(D) preparation of a financial report;

(E) a budget document;

(F) a nontextual computer report or document;

(G) a chart, graph, table, or map;

(H) artwork;

(I) an architectural or engineering draft or document;

(J) a diploma;

(K) an enlargement of small print materials for a person with a

visual impairment;

(L) a resale purpose; or

(M) protection or preservation of a historically valuable

document.

department, office, institution, including an institution of

higher education as defined by Section 61.003, Education Code, or

other agency of the state government.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2051.022. STATE AGENCY TELEPHONE NUMBER REQUIRED ON

STATIONERY. (a) A state agency shall print a telephone number

for the agency on the letterhead of its official stationery.

(b) In this section, "state agency" means:

(1) a board, commission, department, office, or other agency in

the executive branch of state government that was created by the

constitution or a statute of the state, including an institution

of higher education as defined by Section 61.003, Education Code;

(2) the legislature or a legislative agency;

(3) the supreme court, the court of criminal appeals, a court of

appeals, or a state judicial agency; or

(4) a river authority.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

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 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.

to which Section 2051.0441 applies.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 1130, Sec. 1, eff.

June 20, 2003.

Sec. 2051.0441. TYPE OF NEWSPAPER REQUIRED FOR PUBLICATION IN

CERTAIN COUNTIES. (a) This section applies only to a notice

published in a county with a population of at least 30,000 and

not more than 36,000 that borders the Red River by a governmental

entity or representative.

(b) The newspaper in which a notice is published under this

section must:

(1) devote not less than 20 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 or have a mailed or delivered circulation of at least

51 percent of the residences 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.

continuously under Subsection (b) if the newspaper omits not more

than two issues in the 12-month period.

Added by Acts 2003, 78th Leg., ch. 1130, Sec. 2, eff. June 20,

2003.

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. 2051.047. NOTICE OF CERTAIN CONSERVATION AND RECLAMATION

DISTRICTS. A conservation and reclamation district, other than a

river authority, created under Article XVI, Section 59, of the

Texas Constitution that furnishes water and sewer services to

household users satisfies a requirement of general, special, or

local law to publish notice in a newspaper of general circulation

in the county in which the district is located by publishing the

notice in a newspaper of general circulation in the district.

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.

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

comptroller or a district or county official required to publish

a notice may cancel a contract executed by the comptroller or

official for the publication if the comptroller 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.64, eff. September 1, 2007.

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.

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