Publications and Advertising
Publications

A state agency must not use appropriated money to publish a periodical or other publication (unless the cost is reimbursed with revenue generated from the sale of the publication) if the publication is:

• Intended for use by the general public
• Generally informational, promotional or educational
  –and–
• Not essential to the achievement of a statutory objective of the agency

The following periodicals and/or publications are not subject to the above requirements:

• Texas Highways magazine
• Texas Parks and Wildlife magazine
• Publications of the Texas Commission on Alcohol and Drug Abuse
• Annual reports and other materials required by law (content of which includes only topics provided by law)
• Compilations of statutes or rules
• Newsletters
• Opinions/advisories/decisions from the Attorney General’s office
• Opinions/revenue forecasts/fiscal analyses from the Comptroller’s office

A state agency must not use appropriated money to publish a periodical or other publication if it prominently displays the name or picture of an appointed officer or statewide elected official. The only exception to this restriction is the Texas Department of Transportation’s (TxDOT) Official State Travel Map.

Unless a state agency charges a fee to make up the cost of publishing/printing, a state agency must not use appropriated money for the following:

• Enamel-coated, cast-coated, or dull-coated printing paper stock.
• A publication with an average of more than one picture for each two pages or 50 percent of the publication.

Exceptions to this restriction can be found in Texas Government Code, Subchapter C.

A state agency that distributes a publication with a person’s photograph or displays the name of a person in large type or on a repetitive basis must retain a copy of the publication in the agency’s files.

State agencies using appropriated money to publish free periodicals quarterly or less frequently, must insert an annual notice stating that anyone wishing to receive the periodical must request it in writing.

State agencies using appropriated money to publish a free periodical more frequently than quarterly must insert the notice annually in three consecutive issues of the periodical. The agency may provide future issues of the periodical only to persons who have requested it.

Within 120 days of an election in which the office of the head of a state agency will be filled, appropriated money may not be used for a publication relating to that agency’s activities or legal responsibilities.

A state agency that uses appropriated money to publish free periodicals:

• On a quarterly or less frequently, must insert an annual notice stating that anyone wishing to receive the periodical must request it in writing.
• More frequently than quarterly, must insert an annual notice in three consecutive issues of the periodical stating that anyone wishing to receive the periodical must request it in writing.

In both of the above cases, the agency can only provide future issues of the periodical to persons who requested it in writing.

A state agency may not use appropriated money for a publication relating to that agency’s activities or legal responsibilities within 120 days of an election to fill the office for the head of the state agency.

See also: Publicity of Individuals or State Agencies.

Sources [+]