GC(LEGAL) - PUBLIC NOTICES

To the extent a law requiring or authorizing the publication of a notice in a newspaper by the District or its representative does not specify the manner of 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, the District shall follow Government Code Chapter 2051, Subchapter C. Gov't Code 2051.042

Definitions

"Governmental representative" includes an officer, employee, or agent of the District.

"Notice" means any matter, including a proclamation or advertisement, required or authorized by law to be published in a newspaper by the District or representative.

Gov't Code 2051.041

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. Gov't Code 2051.050

Unless notice is posted on the door of the county courthouse under Government Code 2051.048(d), a notice shall be published in at least one issue of a newspaper. Gov't Code 2051.043

Selection of Newspaper

A district or representative required to publish a notice in a newspaper shall, in accordance with Government Code Chapter 2051, Subchapter C, select one or more newspapers to publish the notice. Gov't Code 2051.049

Except as provided at Government Code 2051.0441, the newspaper in which a notice is published must:

Devote not less than 25 percent of its total column lineage to general interest items;

Be published at least once each week;

Be entered as second-class postal matter in the county where published; and

Have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice. A weekly newspaper has been published regularly and continuously if the newspaper omits not more than two issues in the 12-month period.

Gov't Code 2051.044

Selection of Newspaper in Certain Counties

If a notice is to be published in: (a) a county with a population of at least 30,000 and not more than 36,000, that borders the Red River; or (b) a county that does not have a newspaper published in the county that meets the requirements at Government Code 2051.044, the newspaper in which the notice is published must:

Devote not less than 20 percent of its total column lineage to general interest items;

Be published at least once each week;

Be entered as a periodical 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

Have been published regularly and continuously for at least 12 months before publication of the notice. A weekly newspaper has been published regularly and continuously if the newspaper omits not more than two issues in the 12-month period.

Gov't Code 2051.0441

Rate for Publication

A notice shall be published in a newspaper that is published in the District and that will publish the notice at or below the legal rate. The legal rate for publication of a notice in a newspaper is the newspaper's lowest published rate for classified advertising.

If no newspaper published in the District will publish the notice at or below the legal rate, the District shall publish the notice in a newspaper that is published in the county in which the District is located and will charge the legal rate or a lower rate.

If no newspaper published in the county in which the District is located will publish the notice at or below the legal rate, the District shall post the notice at the door of the county courthouse of the county in which the District is located.

Gov't Code 2051.045, .048

Forestburg ISD

GC(LEGAL)-P

UPDATE 93

DATE ISSUED: 2/19/2012