February 3, 1982
(Letter sent to all Bond Attorneys)
Ladies and Gentlemen:
The Texas Water Code requires that notice of various elections, particularly confirmation and bond elections, be published "...in a newspaper with general circulation in the county or counties in which the ... district is located." We have received many inquiries regarding the qualification of several suburban newspapers in Harris County to meet these statutory requirements. None have met the burden of proof that it has "general circulation in the county."
As a matter of policy this office will not find notice in suburban newspapers sufficient to meet the statutory requirement, especially in those counties in which large metropolitan newspapers are published (e.g. - Dallas, Tarrant, Harris, Bexar, Travis, McLennan, El Paso, etc.).
Exceptions to this rule will be made on a case by case basis for any notices published prior to this date or any future publications where counsel can affirmatively prove "general circulation in the county."
Very truly yours,
Robert T. Lewis