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.