Ch. 59 Newspaper Ads When There's No Newspaper or Online-Only Version

by TSSA Legal Counsel

Question:

The only newspaper in my county has gone to an online-only version. Does this satisfy the Ch. 59 requirements for newspaper publications for auction sales? Also, we have other facilities in a neighboring county which does have a print newspaper: Can I publish my ads in the online version of this newspaper instead of the print version? What if there is no newspaper at all in a county?

Answer:

The statute does not speak to online vs. print ads. However, because the statute is not entirely clear on this matter, it is best to separate this answer into two parts: (1) Can I publish ads in the online edition of a newspaper that has both print and online editions?, and (2) Can I publish ads in “online-only” newspapers? In my opinion, as long as it is a newspaper of general circulation, online and print are both acceptable choices for publication when a newspaper has both print and online editions. The statue requires your newspaper notices to be published, “Once in each of two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located.” In my opinion, it would be ludicrous to argue, for example, that the online version of the Houston Chronicle is less of a newspaper than the print version of the Houston Chronicle.

Having said this, the definition of a “newspaper of general circulation” is not a defined term in the Texas Property Code. So, if the “newspaper” is “online-only”, the question must be whether this website is, in fact, a “newspaper”. Other Texas statutes have a more defined term of what a “newspaper” is, which provide that one of the qualifications of a “newspaper” be that it “be entered as second-class postal matter.” The potential argument from an established newspaper would be that an “online-only” website is not, in fact, a newspaper, and is no different from a local broadcast news website or news blog.

Also, remember that, per Chapter 59, notices must be published “in a newspaper of general circulation in the county in which the self-service storage facility is located.” So, even if the printing press or newspaper office is located in a neighboring county, so long as the newspaper is considered a “newspaper of general circulation” in the county in which the facility is located, then this would likely meet the applicable statutory requirements.

If in doubt, ask the newspaper to verify that its online newspaper is a newspaper of general circulation in your county. TSSA form L-1 can be used to obtain this verification from your newspaper.

If there is not a newspaper of general circulation in the county (neither online nor print), Ch. 59 allows you to instead post a copy of the notice at the self-service storage facility and at least five other conspicuous locations near the facility.

 

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