1-1     By:  Cook (Senate Sponsor - Armbrister)               H.B. No. 1047
 1-2           (In the Senate - Received from the House April 27, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 10, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the authority of electric cooperative corporations to
 1-9     receive indemnity from certain persons involved in mining lignite.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Chapter 127, Civil Practice and Remedies Code, is
1-12     amended by adding Section 127.008 to read as follows:
1-13           Sec. 127.008.  ELECTRIC COOPERATIVE CORPORATION. (a)  This
1-14     section applies to an electric cooperative corporation operating
1-15     under Chapter 161, Utilities Code, that owns or leases real
1-16     property to mine lignite using open pit surface mining methods.
1-17           (b)  This chapter does not affect the right of an electric
1-18     cooperative corporation described by Subsection (a) to secure
1-19     indemnity from a lessee, operator, contractor, or other person who
1-20     performs services for or provides materials or products to the
1-21     corporation that relate to the lignite mining.
1-22           SECTION 2.  This Act takes effect immediately if it receives
1-23     a vote of two-thirds of all the members elected to each house, as
1-24     provided by Section 39, Article III, Texas Constitution.  If this
1-25     Act does not receive the vote necessary for immediate effect, this
1-26     Act takes effect September 1, 2001.
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