Waxahachie council names Waxahachie Daily Light as official paper, adds alternates after debate

Waxahachie ' After more than an hour of discussion over which outlet should be the city's official newspaper, the Waxahachie City Council on Oct. 7 voted to designate the Waxahachie Daily Light as the city's official paper of record and to include several alternate advertising sources.

The debate centered on whether a weekly paper that has moved to a primarily digital model meets the Texas Attorney General's four-pronged guidance for a "paper of general circulation" (content that appeals generally to the public, a de minimis paid-subscriber base in the taxing unit, distribution not limited to a single section of the taxing unit, and availability to anyone in the taxing unit who wishes to subscribe). Several council members and members of the public argued the city should prefer a hometown print paper; others warned that using a paper that does not offer timely print distribution risks missed statutory deadlines for public notices.

Key developments: Councilman (speaker) moved to remove item H from the consent agenda for discussion; council considered options including naming the Waxahachie Daily Light as the official paper and listing alternates such as the Dallas Morning News, Ellis County Press and Midlothian Mirror so the city can meet publication deadlines when a primary paper cannot publish on time. One council member raised a Texas attorney general informal opinion and cautioned that the AG's interpretation is not binding law but provides a four-factor test the courts might use.

Council action: The council approved a motion naming the Waxahachie Daily Light as the city's official newspaper and adding multiple alternates; the motion passed 3-2. The council emphasized staff should gather pricing, deadlines and distribution data for all candidate newspapers and present the information in a future workshop or meeting.

Why it matters: Texas municipalities must publish certain legal notices in an official newspaper or other authorized publication. Choosing a publication that cannot meet print or distribution requirements can force the city to re-run notices and, in some cases, reschedule hearings, which council members said has already occurred and carried costs.

Quotes: In the debate, one council member said the question is not about revenue: "This is not about revenue. It's about someone having the ability to say that they are the paper of record and use that as a weapon or a tool," expressing concern that the title can be used strategically. Another council member urged caution on relying solely on an attorney general opinion because "an attorney general opinion cannot create law."

Next steps: Staff was asked to collect subscription counts, delivery options, pricing and deadlines for the newspapers discussed and return that information to council for a fuller discussion before future renewals. The designation and alternates approved Oct. 7 stand as the city's official selections until changed by council.

Ending: The council's 3-2 vote resolved the immediate posting requirements but directed staff follow-up to ensure notices can be published in a timely and legally defensible way.