74R10099 DWS-F
          By Oliveira                                           H.B. No. 1485
          Substitute the following for H.B. No. 1485:
          By Jones of Lubbock                               C.S.H.B. No. 1485
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to entities to which an electric cooperative corporation
    1-3  may provide electric energy.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 4A, Electric Cooperative Corporation Act
    1-6  (Article 1528b, Vernon's Texas Civil Statutes), is amended to read
    1-7  as follows:
    1-8        Sec. 4A.  Additional Powers.  Notwithstanding any other
    1-9  provision of this Act, a corporation has authority to generate,
   1-10  manufacture, purchase, acquire, and accumulate electric energy and
   1-11  to transmit, distribute, sell, furnish, and dispose of such
   1-12  electric energy to the following entities if the same are engaged
   1-13  in the generation, <and> transmission, or distribution of
   1-14  electricity <for resale>:
   1-15              (1)  firms, associations, corporations, except those
   1-16  who meet the criteria for a small power production facility and/or
   1-17  a cogeneration facility under Section 201 of the Public Utility
   1-18  Regulatory Policies Act of 1978 (PURPA);
   1-19              (2)  federal agency;
   1-20              (3)  state or political subdivision of a state  if the
   1-21  electric cooperative corporation is operating:
   1-22                    (A)  in a county that borders the Rio Grande
   1-23  River or the Gulf of Mexico; and
   1-24                    (B)  in the most populous municipality in a
    2-1  county that borders both the Rio Grande River and the Gulf of
    2-2  Mexico or within 125 miles of that municipality <with an installed
    2-3  generation capacity in excess of 500 MW>; or
    2-4              (4)  a municipal power agency or political subdivision
    2-5  of a state which is a co-owner with such corporation of a jointly
    2-6  owned electric generation facility.
    2-7        <A corporation may also sell, furnish, and dispose of the
    2-8  electric energy to a political subdivision of the state which is
    2-9  engaged in the generation, transmission, or distribution of
   2-10  electricity for resale and to which the corporation was selling and
   2-11  furnishing electric energy on December 31, 1982.>
   2-12        The members-only requirement of Section 4(4) of this Act
   2-13  shall continue to apply to all sales by a corporation to other
   2-14  persons and entities.
   2-15        SECTION 2.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended,
   2-20  and that this Act take effect and be in force from and after its
   2-21  passage, and it is so enacted.