reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter D. Amendment of Articles of Incorporation › Section 162.154. Filing of Articles of Amendment

Sec. 162.154.  FILING OF ARTICLES OF AMENDMENT.  (a)  Articles of amendment shall be filed with the secretary of state in the same manner as the original articles of incorporation.
(b)  The secretary of state shall charge and collect a fee of $25 for filing articles of amendment.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter E. Consolidation or Merger of Telephone Cooperatives › Section 162.201. Consolidation

Sec. 162.201.  CONSOLIDATION.  (a)  Two or more telephone cooperatives may enter into an agreement to consolidate the cooperatives.  The agreement must state:
(1)  the terms of the consolidation;
(2)  the name of the proposed consolidated cooperative;
(3)  the number of directors of the proposed consolidated cooperative;
(4)  the time of the annual meeting and election;  and
(5)  the names of at least five persons to be directors until the first annual meeting.
(b)  A consolidation agreement may be approved only on the votes of a majority of the members of each telephone cooperative at a regular meeting or at a special meeting of its members called for that purpose.
(c)  Telephone cooperatives may not consolidate for the purpose of duplicating the facilities of another communication company where the other communication company is giving or is willing to give reasonably adequate communication service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter E. Consolidation or Merger of Telephone Cooperatives › Section 162.202. Articles of Consolidation

Sec. 162.202.  ARTICLES OF CONSOLIDATION.  (a)  The articles of consolidation must:
(1)  conform substantially to original articles of incorporation of a telephone cooperative;  and
(2)  be executed, acknowledged, filed, and recorded in the same manner as original articles of incorporation.
(b)  The directors named in the consolidation agreement shall as incorporators sign and acknowledge the articles of consolidation.
(c)  The secretary of state shall charge and collect a fee of $50 for filing articles of consolidation.
(d)  When the secretary of state accepts the articles of consolidation for filing and recording and issues a certificate of consolidation, the proposed consolidated telephone cooperative described in the articles under its designated name exists as a body corporate, with all the powers of a telephone cooperative originally organized under this chapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter E. Consolidation or Merger of Telephone Cooperatives › Section 162.203. Merger

Sec. 162.203.  MERGER.  (a)  One or more telephone cooperatives may merge into another cooperative as provided by this section and Section 162.204.
(b)  The proposition for the merger and proposed articles of merger must be submitted at a meeting of the members of each merging cooperative and the surviving cooperative.  A copy of the proposed articles of merger must be attached to the notice of each meeting.
(c)  A proposed merger and proposed articles of merger, with any amendments, may be approved only on the affirmative vote of at least two-thirds of the members of each cooperative voting on the proposed merger and articles.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter F. Conversion of Corporation Into Telephone Cooperative › Section 162.251. Conversion of Corporation Into Telephone Cooperative

Sec. 162.251.  CONVERSION OF CORPORATION INTO TELEPHONE COOPERATIVE.  (a)  A corporation organized under the laws of this state that furnishes or is authorized to furnish communication service may be converted into a telephone cooperative in accordance with this subchapter.  On conversion, the corporation is subject to this chapter as if it had been originally organized under this chapter.
(b)  The proposition for the conversion and proposed articles of conversion must be submitted at a meeting of the members or stockholders of the corporation or, in the case of a corporation that does not have members or stockholders, at a meeting of the incorporators of the corporation.  A copy of the proposed articles of conversion must be attached to the notice of the meeting.
(c)  A proposed conversion and proposed articles of conversion, with any amendments, may be approved only on the affirmative vote of:
(1)  at least two-thirds of the members of the corporation voting on the proposed conversion and articles;
(2)  the holders of at least two-thirds of the shares of the capital stock of the corporation represented at the meeting and voting on the proposition and articles, if the corporation is a stock corporation;  or
(3)  at least two-thirds of the corporation's incorporators, if the corporation does not have members or outstanding shares of capital stock.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter F. Conversion of Corporation Into Telephone Cooperative › Section 162.252. Articles of Conversion

Sec. 162.252.  ARTICLES OF CONVERSION.  (a)  The president or vice president, on behalf of the corporation, shall execute and acknowledge the approved articles of conversion.  The corporation's seal must be affixed to the articles and attested by its secretary.
(b)  The articles of conversion must state:
(1)  that they are executed under this chapter;
(2)  the name of the corporation and the address of its principal office before its conversion into a telephone cooperative;
(3)  the law under which the corporation was organized;
(4)  that the corporation elects to become a cooperative, nonprofit corporation subject to this chapter;
(5)  the corporation's name as a cooperative;
(6)  the address of the principal office of the cooperative;
(7)  the name and address of each director of the cooperative;
(8)  the manner in which a member, stockholder, or incorporator of the corporation becomes or may become a member of the cooperative;
(9)  the duration of the cooperative;  and
(10)  the purpose for which the cooperative is formed.
(c)  The articles of conversion may contain any provision consistent with this chapter considered appropriate for the conduct of the business of the cooperative.  The president or vice president executing the articles of conversion shall make and attach to the articles an affidavit stating that the corporation complied with this section with respect to the articles.  The articles of conversion are considered to be the articles of incorporation of the cooperative.
(d)  The original and a copy of the articles of conversion shall be delivered to the secretary of state.  If the secretary of state finds that the articles conform to law, the secretary of state, on payment of a fee of $50, shall:
(1)  file and record the articles of conversion;
(2)  issue a certificate of conversion;  and
(3)  attach to the certificate of conversion the copy of the articles of conversion and deliver the certificate and attached copy to the cooperative or its representative.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter F. Conversion of Corporation Into Telephone Cooperative › Section 162.253. Consolidation and Conversion of Corporations Into Telephone Cooperative

Sec. 162.253.  CONSOLIDATION AND CONVERSION OF CORPORATIONS INTO TELEPHONE COOPERATIVE.  (a)  Two or more corporations organized under the laws of this state that furnish or are authorized to furnish communication service may, if otherwise permitted to consolidate under state law, consolidate and convert into a telephone cooperative in accordance with this subchapter.  On consolidation and conversion, the new cooperative is subject to this chapter as if it had been originally organized under this chapter.
(b)  The proposition for the consolidation and conversion and the proposed articles of consolidation and conversion, with any amendments, must be approved by each corporation in accordance with:
(1)  the law under which it was organized;  and
(2)  Sections 162.251 and 162.252.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter F. Conversion of Corporation Into Telephone Cooperative › Section 162.254. Articles of Consolidation and Conversion

Sec. 162.254.  ARTICLES OF CONSOLIDATION AND CONVERSION.  (a)  The approved articles of consolidation and conversion:
(1)  shall be executed, acknowledged, and sealed as prescribed by Section 162.252 and by the law under which the consolidating and converting corporations were organized;
(2)  must:
(A)  state that they are executed under this chapter and the law under which the corporations were organized and that each consolidating corporation elects that the new corporation be a cooperative;  and
(B)  contain all other information required by the law under which the corporations were organized;  and
(3)  may contain any provision consistent with this chapter considered appropriate for the conduct of the business of the cooperative.
(b)  The president or vice president executing the articles of consolidation and conversion shall make and attach to the articles an affidavit stating that the corporations complied with this section and Section 162.253 and with the applicable provisions of the law under which the consolidating corporations were organized with respect to the articles.  The articles of consolidation and conversion are considered to be the articles of incorporation of the cooperative and shall be filed in accordance with the provisions both of this chapter and of the law under which the consolidating corporations were organized.
(c)  The original and a copy of the articles of consolidation and conversion shall be delivered to the secretary of state.  If the secretary of state finds that the articles conform to law, the secretary of state, on payment of a fee of $50, shall:
(1)  file and record the articles of consolidation and conversion;
(2)  issue a certificate of consolidation and conversion;  and
(3)  attach to the certificate the copy of the articles and deliver the certificate and attached copy to the cooperative or its representative.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter G. Dissolution › Section 162.301. Dissolution

Sec. 162.301.  DISSOLUTION.  (a)  A telephone cooperative may be dissolved by a two-thirds vote of all the members of the cooperative.  The vote must be taken at a regular meeting or at a special meeting of its members called for that purpose.  Votes must be cast in person.
(b)  A certificate of dissolution must be:
(1)  signed by the president or vice president and attested by the secretary, certifying to the dissolution and stating that the officers have been authorized by a vote of the members under Subsection (a) to execute and file the certificate;  and
(2)  executed, acknowledged, filed, and recorded in the same manner as original articles of incorporation of a telephone cooperative.
(c)  The cooperative is dissolved when the secretary of state accepts the certificate of dissolution for filing and recording and issues a certificate of dissolution.
(d)  The secretary of state shall charge and collect:
(1)  a fee of $5 for filing a certificate of election to dissolve;  and
(2)  a fee of $5 for filing articles of dissolution.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter G. Dissolution › Section 162.302. Existence Following Dissolution

Sec. 162.302.  EXISTENCE FOLLOWING DISSOLUTION.  (a)  A dissolved telephone cooperative continues to exist to:
(1)  satisfy existing liabilities or obligations;
(2)  collect or liquidate its assets;  and
(3)  take any other action required to adjust and wind up its business and affairs.
(b)  A dissolved telephone cooperative may sue and be sued in its corporate name.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter G. Dissolution › Section 162.303. Distribution of Net Assets on Dissolution

Sec. 162.303.  DISTRIBUTION OF NET ASSETS ON DISSOLUTION.  Assets of a dissolved telephone cooperative that remain after all liabilities or obligations of the cooperative have been satisfied shall be distributed as follows:
(1)  first, to patrons for the pro rata return of amounts standing to their credit because of their patronage;  and
(2)  second, to members for the pro rata repayment of membership fees.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter G. Dissolution › Section 162.304. Dissolution of Defectively Incorporated Telephone Cooperative

Sec. 162.304.  DISSOLUTION OF DEFECTIVELY INCORPORATED TELEPHONE COOPERATIVE.  (a)  A telephone cooperative that purports to have been incorporated or reincorporated under this chapter but that has not complied with a requirement for legal corporate existence may file a certificate of dissolution in the same manner as a validly incorporated telephone cooperative.
(b)  The certificate of dissolution may be authorized by a majority of the incorporators or directors at a meeting called by an incorporator and held at the principal office of the cooperative named in the articles of incorporation.
(c)  The incorporator calling the meeting must give at least ten days' notice of the meeting by mail to the last known post office address of each incorporator or director.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter A. General Provisions › Section 163.001. Definitions

Sec. 163.001.  DEFINITIONS.  In this chapter:
(1)  "Electric facility" means a facility necessary or incidental to generating or transmitting electric power and energy, including:
(A)  a generating unit or plant or a plant site;
(B)  transmission lines;
(C)  a right-of-way or other right relating to a facility;  and
(D)  property and equipment.
(2)  "Entity" means a person who engages in the authorized generation, transmission, or distribution of electric energy for sale to the public.
(3)  "Private entity" means an entity that is not a public entity.
(4)  "Public entity" means an entity that is an agency or political subdivision of this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter B. Cooperation by Public and Private Entities › Section 163.011. Effect of Subchapter

Sec. 163.011.  EFFECT OF SUBCHAPTER.  This subchapter does not affect:
(1)  the statutory purposes prescribed by state law relating to creating, establishing, or operating an entity that co-owns a facility;
(2)  an entity's rights or powers in effect on August 27, 1973, relating to the generation, transmission, distribution, or sale of electric power and energy;  or
(3)  a contract in effect on August 27, 1973.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter B. Cooperation by Public and Private Entities › Section 163.012. Authority to Make Agreements

Sec. 163.012.  AUTHORITY TO MAKE AGREEMENTS.  Public and private entities may by agreement jointly plan, finance, acquire, construct, own, operate, and maintain electric facilities to:
(1)  achieve economies of scale in providing electric energy to the public;
(2)  promote the economic development of this state and its natural resources;  and
(3)  meet the state's future power needs.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter B. Cooperation by Public and Private Entities › Section 163.013. General Rights, Powers, and Duties of Entities

Sec. 163.013.  GENERAL RIGHTS, POWERS, AND DUTIES OF ENTITIES.  (a)  A participating entity may:
(1)  use its means and assets to plan, acquire, construct, own, operate, and maintain its interest in an electric facility;
(2)  issue bonds and other securities to raise money for a purpose described by Subdivision (1) in the same manner and to the same extent and subject to the same conditions as would be applicable if the entity had sole ownership of the electric facility;
(3)  acquire, for the use and benefit of each participating entity, land, easements, and property for an electric facility by purchase or by exercising the power of eminent domain;  and
(4)  transfer or otherwise convey the acquired land, property, or property interest or otherwise cause the land, property, or interest to become vested in other participating entities to the extent to which and in the manner in which the participating entities agree.
(b)  Each participating entity is a cotenant or co-owner of the electric facility and in relation to the entity's undivided interest in the facility has each right, privilege, exemption, power, duty, and liability the entity would have had if the entity had sole ownership.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter B. Cooperation by Public and Private Entities › Section 163.014. Use of Eminent Domain

Sec. 163.014.  USE OF EMINENT DOMAIN.  (a)  A participating entity has the power of eminent domain to be exercised as provided by this section.
(b)  The use of eminent domain authority by a participating entity is governed by the law relating to an eminent domain proceeding involving a municipality in this state.
(c)  A participating entity may acquire a fee title to the condemned real property.
(d)  A participating entity may not use eminent domain authority to acquire:
(1)  an interest in an electric facility that belongs to another entity;  or
(2)  an interest in real property to drill, mine, or produce from that property oil, gas, geothermal resources, geothermal/geopressured resources, or lignite, coal, sulphur, uranium, plutonium, or other minerals that belong to another person regardless of whether the material is in place or is in the process of being drilled, mined, or produced.
(e)  Subsection (d) does not affect the authority of a participating entity to acquire full title to real property for a plant site and any related surface installation or equipment, including a cooling reservoir.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter B. Cooperation by Public and Private Entities › Section 163.015. Taxation

Sec. 163.015.  TAXATION.  (a)  A participating private entity shall render for ad valorem taxation its undivided fractional interest in a jointly owned electric facility.  An ad valorem or similar tax shall be imposed separately against the undivided interest of the participating private entity.
(b)  A tax or assessment, including an excise tax or sales and use tax, attributable to a property or service bought, sold, leased, or used to construct, maintain, repair, or operate a jointly owned electric facility shall be imposed separately against each participating entity in proportion to the entity's respective undivided interest in the facility.
(c)  A participating entity is not liable for a tax or assessment attributable to another participating entity under Subsection (a) or (b).
(d)  A participating entity is entitled to each constitutional or statutory ad valorem or other tax exemption attributable to the jointly owned electric facility or to a property or service bought, sold, leased, or used to construct, maintain, repair, or operate the facility to the extent the entity would have been exempt from the tax if the entity's undivided interest were an entire interest in the facility or in the property or service.  The entity is entitled to any applicable exemption certificate or statement provided by law to claim or prove the exemption.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter B. Cooperation by Public and Private Entities › Section 163.016. Insurance

Sec. 163.016.  INSURANCE.  A participating entity may:
(1)  contract for insurance, including specialized insurance for property and risks relating to the ownership, operation, and maintenance of electric facilities;
(2)  contract for insurance for the use and benefit of each of the other participating entities as though the insurance was for the sole benefit of the contracting entity;  and
(3)  cause the rights of the other participating entities to be protected under the contract in accordance with each entity's undivided interest or entitlement under any applicable agreement between the entities.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.051. Definitions

Sec. 163.051.  DEFINITIONS.  In this subchapter:
(1)  "Agency" means a municipal power agency created under this subchapter.
(2)  "Bond" includes a note, but does not include a nonnegotiable purchase money note issued under Section 163.067.
(3)  "Concurrent ordinance" means an ordinance or order adopted under this subchapter by two or more public entities that relates to the creation or re-creation of a municipal power agency.
(4)  "Obligations" means revenue bonds or notes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.052. Construction

Sec. 163.052.  CONSTRUCTION.  This subchapter shall be liberally construed to carry out its purpose.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.053. Conflicts With Other Law

Sec. 163.053.  CONFLICTS WITH OTHER LAW.  This subchapter prevails to the extent of a conflict between this subchapter and any other law, including:
(1)  a law regulating the affairs of a municipal corporation;  or
(2)  a home-rule charter provision.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.054. Creation of Agency

Sec. 163.054.  CREATION OF AGENCY.  (a)  Public entities may create an agency by concurrent ordinances subject to voter approval.
(b)  A public entity may join in the creation of an agency under this subchapter only if on May 8, 1975, and at the time the concurrent ordinance is adopted, the entity was engaged in the authorized generation of electric energy for sale to the public.  This subsection does not prohibit a public entity from disposing of its electric generating capabilities after creation of the agency.
(c)  An agency is a:
(1)  separate municipal corporation;
(2)  political subdivision of this state;  and
(3)  political entity and corporate body.
(d)  An agency may not impose a tax but has all the other powers relating to municipally owned utilities and provided by law to a municipality that owns a public utility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.055. Re-Creation of Agency

Sec. 163.055.  RE-CREATION OF AGENCY.  (a)  The public entities that create an agency may by concurrent ordinances re-create the agency by adding or deleting, or both, a public entity.
(b)  The public entities may not re-create an agency if the re-creation will impair an agency obligation.
(c)  Re-creation by adding a public entity is subject to voter approval in accordance with Section 163.058.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.056. Notice

Sec. 163.056.  NOTICE.  (a)  The governing body of each public entity shall publish notice of its intention to create an agency once a week for two consecutive weeks.
(b)  The first publication must appear before the 14th day before the date set for passage of the concurrent ordinance.
(c)  The notice must state:
(1)  the date, time, and location at which the governing body proposes to enact the concurrent ordinance;  and
(2)  that an agency will be created on the date on which the concurrent ordinances take effect.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.057. Contents of Concurrent Ordinance

Sec. 163.057.  CONTENTS OF CONCURRENT ORDINANCE.  A concurrent ordinance creating an agency under Section 163.054 or re-creating an agency under Section 163.055 must, as adopted by each public entity:
(1)  contain identical provisions;
(2)  define the boundaries of the agency to include the territory within the boundaries of each participating public entity;
(3)  designate the name of the agency;  and
(4)  designate the number, place, initial term, and manner of appointment of directors in accordance with Section 163.059.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.058. Election

Sec. 163.058.  ELECTION.  (a)  An agency may not be created unless the creation is approved by a majority of the qualified voters of each public entity creating the agency at an election called and held for that purpose.
(b)  An agency may not be re-created by addition of a public entity unless the re-creation is approved by a majority of the qualified voters of the additional public entity at an election called and held for that purpose.
(c)  Notice of an election under this section shall be given in accordance with Section 1251.003, Government Code. The election shall be called and held in accordance with:
(1)  the Election Code;
(2)  Chapter 1251, Government Code;  and
(3)  this subchapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.404, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.059. Board of Directors

Sec. 163.059.  BOARD OF DIRECTORS.  (a)  The agency shall be governed by a board of directors.  The board is responsible for the management, operation, and control of the property belonging to the agency.
(b)  The board must include at least four directors.  Each director must be appointed by place by the governing bodies of the participating public entities.  Each participating public entity is entitled to appoint at least one director.
(c)  Directors must serve staggered terms.  Successor directors are appointed in the same manner as the original appointees.
(d)  To qualify to serve as a director, a person must be a qualified voter and reside in the boundaries of the appointing public entity when the person takes the constitutional oath of office.
(e)  An employee, officer, or member of the governing body of a public entity may serve as a director but may not have a personal interest in a contract executed by the agency other than as an employee, officer, or member of the governing body of the public entity.
(f)  Directors serve without compensation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.060. Powers

Sec. 163.060.  POWERS.  (a)  An agency may not engage in any utility business other than the generation, transmission, and sale or exchange of electric energy to:
(1)  a participating public entity;  or
(2)  a private entity that owns jointly with the agency an electric generating facility in this state.
(b)  The agency may:
(1)  perform any act necessary to the full exercise of the agency's powers;
(2)  enter into a contract, lease, or agreement with or accept a grant or loan from a:
(A)  department or agency of the United States;
(B)  department, agency, or political subdivision of this state;  or
(C)  public or private person;
(3)  sell, lease, convey, or otherwise dispose of any right, interest, or property the agency considers to be unnecessary for the efficient maintenance or operation of its electric facilities;
(4)  use the uniform system of accounts prescribed for utilities and licenses by the Federal Energy Regulatory Commission;  and
(5)  adopt rules to govern the operation of the agency and its employees, facilities, and service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.061. Construction Contracts

Sec. 163.061.  CONSTRUCTION CONTRACTS.  (a)  Except as provided by Subsection (c), an agency may award a contract for construction of an improvement that involves the expenditure of more than $20,000 only on the basis of competitive bids.
(b)  The agency shall publish notice of intent to receive bids once a week for two consecutive weeks in a newspaper of general circulation in this state.  The first publication must appear before the 14th day before the date bids are to be received.
(c)  An entity that has joint ownership of the improvement to be constructed or that is an agent of a joint owner shall award a contract using the entity's contracting procedures.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.062. Sale or Exchange of Electric Energy

Sec. 163.062.  SALE OR EXCHANGE OF ELECTRIC ENERGY.  (a)  An agency may participate through appropriate contracts in power pooling and power exchange agreements with other entities through direct or indirect system interconnections.
(b)  An entity that participates with an agency under this section may:
(1)  purchase electric energy from the agency;
(2)  sell or dispose of electric energy to the agency;  or
(3)  exchange electric energy with the agency.
(c)  An entity payment for electric energy purchased from the agency is an operating expense of the entity's electric system.
(d)  An agency contract to sell or exchange electric energy may require the purchaser to pay for the electric energy regardless of whether the electric energy is produced or delivered.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.063. Rates and Charges

Sec. 163.063.  RATES AND CHARGES.  (a)  An agency may establish and maintain rates and charges for electric power and energy the agency delivers, transmits, or exchanges.  The rates and charges must:
(1)  be reasonable and in accordance with prudent utility practices;
(2)  be based on periodic cost of service studies and subject to modification, unless such a basis for rates and charges is waived by the purchaser by contract;  and
(3)  be developed to recover the agency's cost of producing and transmitting the electric power and energy, as applicable, which cost must include the amortization of capital investment.
(b)  Notwithstanding Subsection (a), this state reserves its power to regulate an agency's rates and charges for electric energy supplied by the agency's facilities.
(c)  Until obligations issued under this subchapter have been paid and discharged, with all interest on the obligations, interest on unpaid interest installments on the obligations, and other connected and incurred costs or expenses, this state pledges to and agrees with the purchasers and successive holders of the obligations that it will not:
(1)  limit or alter the power of an agency to establish and collect rates and charges under this section sufficient to pay:
(A)  necessary operational and maintenance expenses;
(B)  interest and principal on obligations issued by the agency;
(C)  sinking funds and reserve fund payments;  and
(D)  other charges necessary to fulfill the terms of any agreement;  or
(2)  take any action that will impair the rights or remedies of the holders of the obligations.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.064. Revenue Bonds

Sec. 163.064.  REVENUE BONDS.  (a)  The agency may issue revenue bonds to accomplish the purposes of the agency.
(b)  The agency may pledge to the payment of the obligations the revenues of all or part of its electric facilities, including facilities acquired after the obligations are issued.  However, operating and maintenance expenses, including salaries and labor, materials, and repairs of electric facilities necessary to render efficient service constitute a first lien on and charge against the pledged revenue.
(c)  The agency may set aside from the proceeds from the sale of the obligations amounts for payment into the interest and sinking fund and reserve fund, and for interest and operating expenses during construction and development, as specified in the proceedings authorizing the obligations.
(d)  Obligation proceeds may be invested, pending their use, in securities, interest-bearing certificates, or time deposits as specified in the authorizing proceedings.
(e)  Agency obligations are authorized investments for:
(1)  a bank;
(2)  a savings bank;
(3)  a trust company;
(4)  a savings and loan association;  and
(5)  an insurance company.
(f)  The obligations, when accompanied by all appurtenant, unmatured coupons and to the extent of the lesser of their face value or market value, are eligible to secure the deposit of public funds of this state, a political subdivision of this state, and any other political corporation of this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.065. Refunding Bonds

Sec. 163.065.  REFUNDING BONDS.  The agency may issue refunding bonds.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.066. Issuance, Form, and Provisions of Bonds

Sec. 163.066.  ISSUANCE, FORM, AND PROVISIONS OF BONDS.  (a)  Agency bonds that are payable from agency revenues or anticipated bond proceeds and the records relating to their issuance must be submitted to the attorney general for examination before delivery.
(b)  The bonds:
(1)  must mature serially or otherwise not more than 50 years after the date of issuance;
(2)  may be made redeemable before maturity at the time and at the price or prices set by the agency;  and
(3)  may be sold at public or private sale under the terms and for the price the agency determines to be in the best interest of the agency.
(c)  The bonds must be signed by the presiding officer or assistant presiding officer of the agency, be attested by the secretary, and bear the seal of the agency.  The signatures may be printed on the bonds if authorized by the agency, and the seal may be impressed or printed on the bonds.  The agency may adopt or use for any purpose the signature of an individual who has been an officer of the agency, regardless of whether the individual has ceased to be an officer at the time the bonds are delivered to the purchaser.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.067. Nonnegotiable Purchase Money Notes

Sec. 163.067.  NONNEGOTIABLE PURCHASE MONEY NOTES.  (a)  The agency may issue nonnegotiable purchase money notes to acquire land or fuel resources.
(b)  Nonnegotiable purchase money notes are:
(1)  payable in installments;
(2)  secured by the property acquired with the notes or other collateral the agency substitutes;  and
(3)  not a security or agency obligation.
(c)  Nonnegotiable purchase money notes may be further secured by a promise to issue bonds or bond anticipation notes to pay the purchase money notes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. Municipal Power Agencies › Section 163.068. Bond Anticipation Notes

Sec. 163.068.  BOND ANTICIPATION NOTES.  (a)  The agency may issue bond anticipation notes:
(1)  for any purpose for which the agency may issue bonds;  or
(2)  to refund previously issued bond anticipation notes or nonnegotiable purchase money notes.
(b)  Bond anticipation notes are subject to the limitations and conditions prescribed by this subchapter for bonds.
(c)  The agency may contract with purchasers of bond anticipation notes that the proceeds of one or more series of bonds will be used to pay or refund the notes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.071. Definitions

Sec. 163.071.  DEFINITIONS.  In this subchapter:
(1)  "Agency" means a municipal power agency for which concurrent ordinances are adopted under Section 163.073.
(2)  "Bond" includes a note, but does not include a nonnegotiable purchase money note issued under Section 163.067 or 163.087.
(3)  "Concurrent ordinance" means an ordinance or order adopted under this subchapter by all of the participating public entities of an agency.
(4)  "Obligations" means revenue bonds or notes.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.072. Construction

Sec. 163.072.  CONSTRUCTION.  This subchapter shall be liberally construed to carry out its purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.073. Applicability; Alternate Governance

Sec. 163.073.  APPLICABILITY; ALTERNATE GOVERNANCE.  (a)  This subchapter applies to a municipal power agency created by two or more public entities under Subchapter C or a predecessor statute, including an agency re-created under Section 163.055 or a predecessor statute.
(b)  The participating public entities of a municipal power agency may by concurrent ordinance elect to apply this subchapter to the agency as an alternative to Subchapter C.
(c)  Concurrent ordinances described by this section must, as adopted by each public entity:
(1)  contain identical provisions; and
(2)  state that the public entity has elected that the agency shall, on and after the date designated in the ordinance, be governed by the provisions of this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.074. Conflicts With Other Law

Sec. 163.074.  CONFLICTS WITH OTHER LAW.  This subchapter prevails to the extent of a conflict between this subchapter and any other law, including:
(1)  a law regulating the affairs of a municipal corporation; or
(2)  a home-rule charter provision.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.075. Nature of Agency

Sec. 163.075.  NATURE OF AGENCY.  (a)  An agency is a:
(1)  separate municipal corporation;
(2)  political subdivision of this state; and
(3)  political entity and corporate body.
(b)  An agency may not impose a tax but has all the other powers relating to municipally owned utilities and provided by law to a municipality that owns a public utility.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.076. Addition or Removal of Public Entities

Sec. 163.076.  ADDITION OR REMOVAL OF PUBLIC ENTITIES.  (a)  The public entities that created or re-created an agency may by concurrent ordinances:
(1)  add a new public entity as a participating public entity in the agency; or
(2)  remove a public entity from participation in the agency.
(b)  Concurrent ordinances described by this section must, as adopted by each public entity:
(1)  contain identical provisions;
(2)  define the boundaries of the agency to include the territory within the boundaries of each participating public entity;
(3)  designate the name of the agency; and
(4)  designate the number, place, terms, and manner of appointment of directors, as provided by Section 163.078.
(c)  The public entities may not add or remove a public entity if the addition or removal will impair an agency obligation.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.077. Election for Addition of Public Entity

Sec. 163.077.  ELECTION FOR ADDITION OF PUBLIC ENTITY.  (a)  Public entities may not adopt concurrent ordinances under Section 163.076 adding a participating public entity unless the addition has been approved by a majority of the qualified voters of the additional public entity at an election called and held for that purpose.
(b)  Notice of an election under this section shall be given in accordance with Section 1251.003, Government Code.  The election shall be called and held in accordance with:
(1)  the Election Code;
(2)  Chapter 1251, Government Code; and
(3)  this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.