By Moffat H.B. No. 2187
75R6307 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of electric generation and transmission assets
1-3 and related assets of river authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SALE OF ELECTRIC POWER ASSETS. Each river
1-6 authority in the state shall, as soon as practicable, sell all of
1-7 the authority's interest in:
1-8 (1) any electric power or energy-generating facility
1-9 or related asset, including all property acquired or constructed by
1-10 the authority used or useful for generating, producing,
1-11 transmitting, distributing, selling, or marketing electricity; and
1-12 (2) any other facility or asset related to energy
1-13 generation, production, transmission, distribution, delivery, sale,
1-14 or marketing, including all property acquired or constructed by the
1-15 authority used or useful for exploring for, refining, producing,
1-16 transmitting, distributing, selling, or marketing coal, oil, gas,
1-17 or natural gas or any product or derivative of coal, oil, gas, or
1-18 natural gas.
1-19 SECTION 2. SALE OF OTHER ENERGY ASSETS. (a) Money derived
1-20 from a sale under Section 1 of this Act shall be applied to payment
1-21 of the authority's debts and contractual obligations, including
1-22 payments necessary to retire bonds to which energy-related revenues
1-23 are pledged or to terminate a contract related to:
1-24 (1) electric energy generation, production,
2-1 transmission, distribution, or sales; or
2-2 (2) exploration for or the refining, production,
2-3 transmission, distribution, or sale of coal, oil, gas, or natural
2-4 gas or any product or derivative of coal, oil, gas, or natural gas.
2-5 (b) Any money derived from a sale under Section 1 of this
2-6 Act that remains after payments under Subsection (a) of this
2-7 section have been made shall be deposited to the credit of the
2-8 general revenue fund.
2-9 SECTION 3. TRANSITION. (a) Notwithstanding any other law,
2-10 on or after the effective date of this Act a river authority may
2-11 not:
2-12 (1) generate, produce, transmit, distribute, sell, or
2-13 market electric energy or other energy sources, including coal,
2-14 oil, gas, or natural gas or any product or derivative of coal, oil,
2-15 gas, or natural gas; or
2-16 (2) own any interest in an asset or facility used or
2-17 useful for:
2-18 (A) generating, producing, transmitting,
2-19 distributing, selling, or marketing electricity; or
2-20 (B) exploring for or refining, producing,
2-21 transmitting, distributing, or selling coal, oil, gas, or natural
2-22 gas or any product or derivative of coal, oil, gas, or natural gas.
2-23 (b) While an authority is preparing for sale the authority's
2-24 facilities and assets required to be sold under Section 1 of this
2-25 Act, or while the sale is pending, Subsection (a) of this section
2-26 does not apply to activities of the river authority that are in the
2-27 authority's normal course of business begun before the effective
3-1 date of this Act and related to:
3-2 (1) generating, producing, transmitting, distributing,
3-3 selling, or marketing electricity; or
3-4 (2) exploring for or refining, producing,
3-5 transmitting, distributing, or selling coal, oil, gas, or natural
3-6 gas or any product or derivative of coal, oil, gas, or natural gas.
3-7 SECTION 4. EFFECTIVE DATE. This Act takes effect September
3-8 1, 1997.
3-9 SECTION 5. EMERGENCY. The importance of this legislation
3-10 and the crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.