1-1                                   AN ACT
 1-2     relating to the authority of electric cooperative corporations to
 1-3     receive indemnity from certain persons involved in mining lignite.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 127, Civil Practice and Remedies Code, is
 1-6     amended by adding Section 127.008 to read as follows:
 1-7           Sec. 127.008.  ELECTRIC COOPERATIVE CORPORATION. (a)  This
 1-8     section applies to an electric cooperative corporation operating
 1-9     under Chapter 161, Utilities Code, that owns or leases real
1-10     property to mine lignite using open pit surface mining methods.
1-11           (b)  This chapter does not affect the right of an electric
1-12     cooperative corporation described by Subsection (a) to secure
1-13     indemnity from a lessee, operator, contractor, or other person who
1-14     performs services for or provides materials or products to the
1-15     corporation that relate to the lignite mining.
1-16           SECTION 2.  This Act takes effect immediately if it receives
1-17     a vote of two-thirds of all the members elected to each house, as
1-18     provided by Section 39, Article III, Texas Constitution.  If this
1-19     Act does not receive the vote necessary for immediate effect, this
1-20     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1047 was passed by the House on April
         26, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1047 was passed by the Senate on May
         15, 2001, by the following vote:  Yeas 29, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor