S.B. No. 1311
AN ACT
1-1 relating to the powers of certain cooperative associations.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter B, Chapter 301, Health and Safety
1-4 Code, is amended by adding Section 301.047 to read as follows:
1-5 Sec. 301.047. CONSTRUCTION OF SUBCHAPTER. (a) This
1-6 subchapter does not prevent a cooperative association from:
1-7 (1) creating recourse or nonrecourse debt in the form
1-8 of bonds, debentures, notes, or any other form of obligation;
1-9 (2) encumbering, mortgaging, pledging, or granting a
1-10 security interest in any property of the cooperative association;
1-11 (3) refunding existing debt or obligations by any
1-12 means available under this subchapter; or
1-13 (4) otherwise exercising all express or implied
1-14 powers granted by Section 301.033(b), 301.037, 301.038, 301.039, or
1-15 301.044, or granted by state corporation laws.
1-16 (b) This section only clarifies the powers of cooperative
1-17 associations and does not expand their powers.
1-18 SECTION 2. Section 301.047, Health and Safety Code, as added
1-19 by this Act, applies to acts of a cooperative association covered
1-20 by that section that are performed before, on, or after the
1-21 effective date of this Act.
1-22 SECTION 3. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.