OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
-c-
--
ffonorable A. N. Stelnle
county Attolney
ttasoosa Comty
Joardenton, Texas
Dear Sir:
s is a newspaper pub-
08~ Coanty, Texas, and
ownZag its physical
than ten years. The
Express, 60130tlm in
the qubl%cntlon of what
Tribune, ir, Tllden, Lic;iullen
e ?hyslcal plai;t that prints
&rem and also orints the Tilden
ed by the Xdftor and Publisher of
ocsted in Pleasanton, Texas .”
Dill 700, hats 1939, Regular Seaslon, 40th
Leelelature, Cbn;ter 20, page 251 (Xrtiole 212(a), Vernon’s
AnnotAted i’enai Code), rezds as follows:
"Section 1. That no newpbpzr, !zay?zine, or
other public3tion, published daily, biwesltly, weekly,
monthly, or at other intervale shall sell, soli-
crlt, bargain for, offer, or acoept for money,
other aonslderatlo,n’, or faVO?s, any kind or 4annar
OS political advertislu,~ Srom zore than one aaadi-
date Sor any or all loaal, eouuty, State, or Zed-
era1 offioes, uuless such publication.: shall have
been published and distrfbuted generally for at
least~twelve (12) months neitt preoadiug the aooept-
anoe OS the advertising.
“Seotion 2. Provided however that this Aot
shall not apply to pabllcatlons which have been pub-
lished and circulated generally for at least twelve
(12) months next preceding the aaoeptanae of auoh
advertlsjng, Sor other than purely political purposes
in soine locality other than that in whfoh It is lo-.
eated and published at the tine OS accepting such
political advertising Sro!u more than one candidate.
“Seation 3. And provided further that Section
1 of th.Is Aat shall no.t apply to publications nhiah
have, prior to the aooeptanae or politloal advertis-
lng from zore than one oandidate, been published and
olroulated generally for a period of less than one
year inmediately preoediug the aaoeptance OS suoh
advertising in tha event that suoh pablloations oan
:shoor owuarship OS its physical plant and that its
advertfeing rates are in pxoportfon to the emunt
and kind OS Its oiroulation.
eSeotlon 4. Whower _’ violates the provisions
OS‘thi8 Aot shall be rined not less than Five Eun-
’ ‘drsd Do ars ($5001 nor snore than One Thousand Dal-
?I 00) ‘or be imarlsoned~in jail not less
lars ($1,
than three (3j Donths aor mom thaosix (61 montha,
or both. Each vlolatioti OS this Aot shall be. a,
separate offense.
;~
“Seotion 5. The Saot that the existing law
doss not provide adequately ior the re&ation OS
suah advertising In Texas, and the further Saot that
the calendars OS the senate end House are in a
fmmded oonaition create an emergemy and an inper-
at&e publio necessity that the Constitutlocal Pule
rcquirin.s bills to be read on three several days in
eaoh House, Andythe Surther Gonstltutioc?l ?ulo as
to t&e tire when lam take effect, be suspended, end
. .
240
~onorcble A. N. Steinle, Page 3
eaoh or them is hereby suspendeb, and this Aat
shall take effect and be in full force and effeot
j?mm and after Its passage, and it is so enaoted.*
It 1s ap$aront that this enactment prohibits a
newsgaper tram aooeptlng political advertisements from
more than .one oandlGate for any 130~1, county, State or
Federal. offioe unless such newspaper shall have been ub-
lished and distributed p,enerally ror at least tu0lpe 7 12)
months next preaeding the acoeptanae ot the advert&~alng.
To this rula are added- oertain exae$Aons. Plrst, news-
papers which have been published an& clroulated (other than
for purely.political puqoses) ror at ~laast twelve months
preceding the acceptanoe of the advertisements in some
other locality, are exoepted. Seoondly, publications able
to show ownership of their physical plants and that thefr
rates are in line with the a?xunt and kind of. their oirou-
lation, even though published less than twelve months pre-
cedf the acce;>tanoe of advertising from more than ohe
3 ate, are excepted,.
aentli,
Serious aons%titutional questions night be raised
in oonneotion with &use’ 3111 700, but in view of our hold-
ing we find it unneoessary to pass upoa~1t.s validity. As-
susing that the advertirAn& rates of the Tilden Tribune
are reasonable and in uroportion to Its circulatm be-
lieve that such nevis_sabera fall viithin the second exoeption
set forth Ln the preceding paragraph. The physical plant
of the TiMen Tribune* located in Pleaeanton, Texas, is
. owned by its editor and publisher, who owns, in addition,
the Pleas anton Express. he a result, the exemption ia oom-
plete. , i
Consequently, you are respeatrully advised and it
1s the opinion of this ~Departmentthat the Tllcen Tribune
is not prohibited by Artiole 212(a), Vernon’s Annotated
Penal Code, from aaoe?ting politiaal a0vertisementa from
more than one candidate for office.
_ yours very t-y
‘ATThiEY GTZXIXAL
OF TEXAS
.ATTORNEY
GENNERAL
OF TXXAS
Untitled Texas Attorney General Opinion
Combined Opinion