By Oliveira                                           H.B. No. 1485
       74R4735 DWS-F
                                 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 <with an
   1-21  installed generation capacity in excess of 500 MW>; or
   1-22              (4)  a municipal power agency or political subdivision
   1-23  of a state which is a co-owner with such corporation of a jointly
   1-24  owned electric generation facility.
    2-1        <A corporation may also sell, furnish, and dispose of the
    2-2  electric energy to a political subdivision of the state which is
    2-3  engaged in the generation, transmission, or distribution of
    2-4  electricity for resale and to which the corporation was selling and
    2-5  furnishing electric energy on December 31, 1982.>
    2-6        The members-only requirement of Section 4(4) of this Act
    2-7  shall continue to apply to all sales by a corporation to other
    2-8  persons and entities.
    2-9        SECTION 2.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended,
   2-14  and that this Act take effect and be in force from and after its
   2-15  passage, and it is so enacted.