reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 161 - Electric Cooperative Corporations › Subchapter E. Consolidation of Electric Cooperatives › Section 161.202. Articles of Consolidation

Sec. 161.202.  ARTICLES OF CONSOLIDATION.  (a)  The articles of consolidation must:
(1)  conform substantially to original articles of incorporation of an electric 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 $10 for filing articles of consolidation and issuing a certificate 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 electric cooperative described in the articles under its designated name exists as a body corporate, with all the powers of an electric 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 161 - Electric Cooperative Corporations › Subchapter F. Dissolution › Section 161.251. Dissolution

Sec. 161.251.  DISSOLUTION.  (a)  An electric cooperative may be dissolved by a majority vote of its members present in person or represented by proxy at a regular meeting or at a special meeting of its members called for that purpose.
(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 an electric 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 a fee of $2.50 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 161 - Electric Cooperative Corporations › Subchapter F. Dissolution › Section 161.252. Existence Following Dissolution

Sec. 161.252.  EXISTENCE FOLLOWING DISSOLUTION.  (a)  A dissolved electric 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 electric 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 161 - Electric Cooperative Corporations › Subchapter F. Dissolution › Section 161.253. Distribution of Net Assets on Dissolution

Sec. 161.253.  DISTRIBUTION OF NET ASSETS ON DISSOLUTION.  Assets of a dissolved electric cooperative that remain after all liabilities or obligations of the cooperative have been satisfied shall be distributed pro rata to the members of the cooperative who were members when the certificate of dissolution was filed.
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 161 - Electric Cooperative Corporations › Subchapter F. Dissolution › Section 161.254. Dissolution of Defectively Incorporated Electric Cooperative

Sec. 161.254.  DISSOLUTION OF DEFECTIVELY INCORPORATED ELECTRIC COOPERATIVE.  (a)  An electric 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 electric 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 10 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 162 - Telephone Cooperative Corporations › Subchapter A. General Provisions › Section 162.001. Short Title

Sec. 162.001.  SHORT TITLE.  This chapter may be cited as the Telephone Cooperative Act.
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 A. General Provisions › Section 162.002. Purpose

Sec. 162.002.  PURPOSE.  A cooperative, nonprofit corporation may be organized under this chapter to furnish communication service to the widest practicable number of users of that 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 A. General Provisions › Section 162.003. Definitions

Sec. 162.003.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of a telephone cooperative.
(2)  "Communication service" means:
(A)  the transmission or reception of information, signals, or messages by any means, including by wire, radio, cellular radio, microwave, or fiber optics;  and
(B)  the provision of lines, facilities, and systems used in the transmission or reception described by Paragraph (A).
(3)  "Member" means:
(A)  an incorporator of a telephone cooperative;  or
(B)  a person admitted to membership in a telephone cooperative as provided by Section 162.065.
(4)  "Patron" means a member who is eligible to receive patronage dividends or to earn capital credits as a result of purchasing certain services from a telephone cooperative as provided by Section 162.066.
(5)  "Telephone cooperative" means a corporation that is organized under this chapter or that becomes subject to this chapter as provided by 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 A. General Provisions › Section 162.004. Certain Corporate Names Prohibited

Sec. 162.004.  CERTAIN CORPORATE NAMES PROHIBITED.  A corporation organized under the laws of this state or authorized to do business in this state may not use the words "telephone cooperative" in the corporation's name unless the corporation is 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 A. General Provisions › Section 162.005. Effect of Recording Certain Mortgages Executed by Telephone Cooperatives

Sec. 162.005.  EFFECT OF RECORDING CERTAIN MORTGAGES EXECUTED BY TELEPHONE COOPERATIVES.  (a)  An instrument executed by a telephone cooperative or a foreign corporation doing business in this state under this chapter that affects real and personal property and that is recorded in the real property records of any county in which the property is located or is to be located has the same effect as if the instrument were also recorded as provided by law in the proper office in that county as a mortgage of personal property.
(b)  All after-acquired property of a telephone cooperative or foreign corporation doing business in this state under this chapter described by or referred to as being pledged in an instrument to which Subsection (a) applies becomes subject to the lien described by the instrument immediately when the cooperative or corporation acquires the property, without regard to whether the property existed at the time the instrument was executed.  The execution of the instrument constitutes notice and otherwise has the same effect with respect to after-acquired property to which this subsection applies as it has under the laws relating to recordation with respect to property that is owned by the cooperative or foreign corporation at the time the instrument is executed and that is described in the instrument as being pledged by the instrument.
(c)  After a lien on personal property under an instrument to which Subsection (a) applies is recorded, the lien continues in existence and of record for the period specified in the instrument without:
(1)  the refiling of the instrument;  or
(2)  the filing of any renewal certificate, affidavit, or other supplemental information required by a law relating to the renewal, maintenance, or extension of a lien on personal property.
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 A. General Provisions › Section 162.006. Construction Standards

Sec. 162.006.  CONSTRUCTION STANDARDS.  A telephone cooperative that constructs communication lines or facilities must at a minimum comply with the standards of the National Electrical Safety Code in effect at the time of construction.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.051. Incorporators

Sec. 162.051.  INCORPORATORS.  (a)  Three or more individuals may act as incorporators of a telephone cooperative by executing articles of incorporation as provided by this chapter.
(b)  An incorporator must:
(1)  be at least 21 years of age;  and
(2)  reside in 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 162 - Telephone Cooperative Corporations › Subchapter B. Creation and Operation of Telephone Cooperatives › Section 162.052. Duration of Corporation

Sec. 162.052.  DURATION OF CORPORATION.  A telephone cooperative may be created as a perpetual corporation.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.053. Name of Telephone Cooperative

Sec. 162.053.  NAME OF TELEPHONE COOPERATIVE.  The name of a telephone cooperative must:
(1)  include the words "telephone" and "cooperative" and the abbreviation "Inc.";  and
(2)  be distinct from the name of any other corporation organized under the laws of or authorized to do business in 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 162 - Telephone Cooperative Corporations › Subchapter B. Creation and Operation of Telephone Cooperatives › Section 162.054. Articles of Incorporation

Sec. 162.054.  ARTICLES OF INCORPORATION.  (a)  The articles of incorporation of a telephone cooperative must:
(1)  state that the articles are executed under this chapter;
(2)  be signed by each incorporator and acknowledged by at least two incorporators;  and
(3)  state:
(A)  the name of the cooperative;
(B)  the purpose for which the cooperative is formed;
(C)  the name and address of each incorporator;
(D)  the number of directors;
(E)  the address of the cooperative's principal office and the name and address of its agent on whom process may be served;
(F)  the duration of the cooperative;
(G)  the terms under which a person is admitted to membership and retains membership in the cooperative, unless the articles expressly state that the determination of membership matters is reserved to the directors by the bylaws;  and
(H)  any provisions that the incorporators include for the regulation of the business and the conduct of the affairs of the cooperative.
(b)  The articles of incorporation do not need to state any of the corporate powers enumerated in 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 B. Creation and Operation of Telephone Cooperatives › Section 162.055. Filing and Recording of Articles of Incorporation

Sec. 162.055.  FILING AND RECORDING OF ARTICLES OF INCORPORATION.  (a)  The secretary of state shall receive articles of incorporation of a telephone cooperative if the incorporators of the cooperative:
(1)  apply for filing the articles;
(2)  furnish satisfactory evidence of compliance with this chapter to the secretary of state;  and
(3)  pay a fee of $25.
(b)  The secretary of state shall:
(1)  file the articles of incorporation in the secretary's office;
(2)  record the articles at length in a book to be kept for that purpose;
(3)  retain the original articles of incorporation on file in the secretary's office;  and
(4)  issue a certificate showing the recording of the articles of incorporation and the telephone cooperative's authority to do business under the articles.
(c)  A copy of the articles of incorporation or of the record of the articles, certified under the state seal, is evidence of the creation of the telephone cooperative.
(d)  The existence of the telephone cooperative dates from the filing of the articles in the office of the secretary of state.  The certificate of the secretary of state is evidence of that filing.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.056. Revival of Articles of Incorporation

Sec. 162.056.  REVIVAL OF ARTICLES OF INCORPORATION.  (a)  If the articles of incorporation of a telephone cooperative expire by limitation, the cooperative, with the consent of a majority of its members, may revive the articles by filing:
(1)  new articles of incorporation under this chapter;  and
(2)  a certified copy of the expired original articles.
(b)  A telephone cooperative that revives its articles of incorporation has all the privileges, immunities, and rights of property exercised and held by the cooperative at the time the original articles expired.
(c)  New articles of incorporation filed under this section must recite the privileges, immunities, and rights of property exercised and held by the cooperative at the time the original articles expired.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.057. Organizational Meeting

Sec. 162.057.  ORGANIZATIONAL MEETING.  (a)  After the certificate of incorporation is issued, the incorporators of a telephone cooperative shall meet to adopt bylaws, elect officers, and transact other business that properly comes before the meeting.
(b)  A majority of the incorporators shall call the organizational meeting.
(c)  The incorporators calling the organizational meeting shall give at least three days' notice of the meeting by mail to each incorporator.  The notice must state the time and place of the meeting.  The notice may be waived in writing.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.058. Perfecting Defectively Organized Corporations

Sec. 162.058.  PERFECTING DEFECTIVELY ORGANIZED CORPORATIONS.  (a)  A telephone cooperative that files defective articles of incorporation or fails to take an action necessary to perfect its corporate organization may:
(1)  file corrected articles of incorporation or amend the original articles;  and
(2)  take any action necessary to correct the defect.
(b)  An action taken under this section is valid and binding on any person concerned.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.059. Nonprofit Operation

Sec. 162.059.  NONPROFIT OPERATION.  (a)  A telephone cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons.
(b)  A cooperative's bylaws and its contracts with members and patrons must contain appropriate provisions relating to the disposition of revenues and receipts to establish and maintain the cooperative's nonprofit and cooperative character.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.060. Members Not Liable for Debts of Telephone Cooperative

Sec. 162.060.  MEMBERS NOT LIABLE FOR DEBTS OF TELEPHONE COOPERATIVE.  A member is not liable for a debt of a telephone cooperative, and the member's property is not subject to execution for that debt.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.061. License Fee

Sec. 162.061.  LICENSE FEE.  Not later than July 1 of each year, each telephone cooperative doing business in this state shall pay to the secretary of state a fee of $10.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.062. Exemption From Excise Taxes

Sec. 162.062.  EXEMPTION FROM EXCISE TAXES.  A telephone cooperative doing business in this state is exempt from all excise taxes but is exempt from the franchise tax imposed by Chapter 171, Tax Code, only if the cooperative is exempted by that 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 B. Creation and Operation of Telephone Cooperatives › Section 162.063. Exemption From Application of Securities Act

Sec. 162.063.  EXEMPTION FROM APPLICATION OF SECURITIES ACT.  The Securities Act (Title 12, Government Code) does not apply to:
(1)  a note, bond, or other evidence of indebtedness issued by a telephone cooperative doing business in this state to the United States;
(2)  an instrument executed to secure a debt of a telephone cooperative to the United States; or
(3)  the issuance of a membership certificate by a telephone cooperative or a foreign corporation doing business in this state under this chapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.43, eff. January 1, 2022.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 162 - Telephone Cooperative Corporations › Subchapter B. Creation and Operation of Telephone Cooperatives › Section 162.064. Bylaws

Sec. 162.064.  BYLAWS.  (a)  The board shall adopt the initial bylaws of a telephone cooperative to be adopted following:
(1)  an incorporation;
(2)  a consolidation;  or
(3)  an amendment by an existing cooperative, corporation, or association of its articles of incorporation as provided by Section 162.082.
(b)  After the initial bylaws are adopted, the members may adopt, amend, or repeal the bylaws by the affirmative vote of a majority of those members voting on the question at a meeting of the members.
(c)  The bylaws may contain any provision for the regulation and management of the affairs of the telephone cooperative that is consistent with the articles of incorporation.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.065. Membership

Sec. 162.065.  MEMBERSHIP.  (a)  Each incorporator of a telephone cooperative is a member of the cooperative.  A person other than an incorporator may become a member of a telephone cooperative only if the person agrees to use communication service furnished by the cooperative when that service is made available through the cooperative's facilities.  The bylaws may prescribe additional qualifications and limitations with respect to membership.
(b)  Membership in a telephone cooperative is evidenced by a certificate of membership.  A membership certificate must contain the provisions, consistent with this chapter and the articles of incorporation, that are prescribed by the cooperative's bylaws.  A certificate may be transferred only as provided by the bylaws.
(c)  A telephone cooperative may become a member of another telephone cooperative and may fully use the facilities and services of that cooperative.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.066. Patrons

Sec. 162.066.  PATRONS.  (a)  A member is a patron of a telephone cooperative if the member purchases local telecommunications service or toll telecommunications service or pays end user access charges in the ordinary course of business of the cooperative.
(b)  The use of interexchange access, payment of interexchange access fees or settlements, or purchase of equipment does not qualify a member or other person as a patron.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.067. Meetings of Members

Sec. 162.067.  MEETINGS OF MEMBERS.  (a)  A telephone cooperative shall hold an annual meeting of members at the time and place provided by the bylaws.  Failure to hold the annual meeting at the designated time does not result in forfeiture or dissolution of the cooperative.
(b)  A special meeting of the members may be called by:
(1)  the president;
(2)  the board;
(3)  any three directors;  or
(4)  the lesser of:
(A)  200 members;  or
(B)  10 percent of all the members.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.068. Notice of Members' Meeting

Sec. 162.068.  NOTICE OF MEMBERS' MEETING.  (a)  Except as otherwise provided by this chapter, written notice of each meeting of the members shall be given to each member, either personally or by mail, not earlier than the 25th day or later than the 10th day before the date of the meeting.
(b)  The notice must state the time and place of the meeting and, in the case of a special meeting, each purpose for which the meeting is called.
(c)  A notice that is mailed is considered to have been given when the notice is deposited in the United States mail with postage prepaid addressed to the member at the member's address as it appears on the records of the telephone cooperative.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.069. Waiver of Notice

Sec. 162.069.  WAIVER OF NOTICE.  A person entitled to notice of a meeting may waive notice in writing either before or after the meeting.  If a person entitled to notice of a meeting attends the meeting, the person's attendance constitutes a waiver of notice of the meeting, unless the person participates in the meeting solely to object to the transaction of business because the meeting is not legally called or convened.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.070. Members' Meeting: Quorum and Voting

Sec. 162.070.  MEMBERS' MEETING:  QUORUM AND VOTING.  (a)  Unless the bylaws prescribe a greater percentage or number of members for a quorum, a quorum at a meeting of the members of a telephone cooperative is the personal presence of:
(1)  10 percent of all members, if the cooperative has 500 or fewer members;  or
(2)  the greater of 50 members or two percent of all members, if the cooperative has more than 500 members.
(b)  If fewer than a quorum are present at a meeting, a majority of the members present in person may adjourn the meeting from time to time without further notice.
(c)  Each member present at a meeting of the members is entitled to one vote on each matter submitted to a vote at the meeting.  Voting must be in person unless the bylaws provide for voting by mail.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.071. Board of Directors

Sec. 162.071.  BOARD OF DIRECTORS.  (a)  A board of at least five directors shall manage the business of a telephone cooperative.  Each director must be a member of the cooperative.  The bylaws must prescribe the number of directors and their qualifications other than those prescribed by this chapter.
(b)  The board may exercise any power of a telephone cooperative not conferred on the members by this chapter or by the cooperative's articles of incorporation or bylaws.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.072. Election of Directors; Terms

Sec. 162.072.  ELECTION OF DIRECTORS;  TERMS.  (a)  The incorporators of a telephone cooperative named in the articles of incorporation shall serve as directors and hold office until the first annual meeting of the members and until their successors are elected and qualify.
(b)  At each annual meeting or, in the case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect directors to hold office until the next annual members' meeting, except as otherwise provided by this chapter.  Except as provided by Subsection (e), each director holds office for the term for which the person is elected and until the person's successor is elected and qualifies.
(c)  Instead of electing all the directors annually, the bylaws may provide that the directors, other than those named in the articles of incorporation to serve until the first annual meeting of the members, are elected by the members for a term of two years or three years.  The terms must be set so that:
(1)  one-half of the directors, as nearly as possible, are elected annually, if a two-year term is provided;  or
(2)  one-third of the directors, as nearly as possible, are elected annually, if a three-year term is provided.
(d)  After the implementation of two-year or three-year terms for directors, as directors' terms expire, the members shall elect their successors to serve until the second or third succeeding annual meeting after their election, as appropriate.
(e)  The bylaws must prescribe the manner of electing a successor to a director who resigns, dies, or otherwise becomes incapable of acting.  The bylaws may provide for the removal of a director from office and for the election of the director's successor.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.073. Compensation of Directors

Sec. 162.073.  COMPENSATION OF DIRECTORS.  (a)  A director may not receive a salary for services as a director.  Except in an emergency, a director may not receive a salary for services in a capacity other than director without the approval of the members.
(b)  The bylaws may:
(1)  prescribe a fixed fee for attendance at each board meeting, committee meeting, industry-related conference approved by the board, or training program;  and
(2)  provide for reimbursement of actual expenses of attendance or a reasonable per diem.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.074. Insurance for Directors

Sec. 162.074.  INSURANCE FOR DIRECTORS.  A telephone cooperative may provide liability, accident, life, and health insurance coverage for a director who chooses to have that coverage.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.075. Board Meetings; Quorum

Sec. 162.075.  BOARD MEETINGS;  QUORUM.  (a)  The bylaws shall prescribe the manner of holding board meetings.
(b)  A majority of the directors is a quorum.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.076. Districts

Sec. 162.076.  DISTRICTS.  (a)  The bylaws may provide for the territory served or to be served by a telephone cooperative to be divided into two or more districts for any purpose, including the nomination and election of directors and the election and functioning of district delegates.
(b)  The bylaws must prescribe:
(1)  the boundaries of each district or the manner of establishing a district's boundaries;
(2)  the manner of changing a district's boundaries;  and
(3)  the manner in which each district functions.
(c)  District delegates may nominate and elect directors.  A district delegate must be a member.
(d)  A member may not vote by proxy or by mail at a district meeting.
(e)  A district delegate may not vote by proxy or by mail at any meeting.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.077. Officers, Agents, and Employees

Sec. 162.077.  OFFICERS, AGENTS, AND EMPLOYEES.  (a)  The board of a telephone cooperative shall annually elect from the board's membership a president, a vice president, a secretary, and a treasurer.
(b)  An officer who ceases to be a director ceases to hold office.
(c)  The same person may hold the offices of secretary and of treasurer.
(d)  The board may also elect or appoint other officers, agents, or employees as the board considers appropriate and shall prescribe the powers and duties of those persons.
(e)  An officer may be removed from office and a successor elected in the manner prescribed by the bylaws.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.078. Executive Committee

Sec. 162.078.  EXECUTIVE COMMITTEE.  (a)  The bylaws of a telephone cooperative may authorize the board to elect an executive committee from the board's membership.
(b)  The board may delegate to the executive committee the management of the current and ordinary business of the cooperative and other duties as prescribed by the bylaws.
(c)  The designation of an executive committee and the delegation of authority to the committee does not relieve the board or any director of a responsibility imposed on the board or the director by 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 B. Creation and Operation of Telephone Cooperatives › Section 162.079. Indemnification

Sec. 162.079.  INDEMNIFICATION.  Article 2.22A, Texas Non-Profit Corporation Act (Article 1396-2.22A, Vernon's Texas Civil Statutes), applies to a telephone cooperative in the same manner as if the cooperative were formed under the Texas Non-Profit Corporation Act.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.080. Change of Location of Principal Office

Sec. 162.080.  CHANGE OF LOCATION OF PRINCIPAL OFFICE.  (a)  A telephone cooperative may, with the authorization of the board or the members, change the location of its principal office by filing a certificate reciting the change of principal office with the secretary of state.
(b)  The cooperative's president or vice president must execute and acknowledge the certificate under the cooperative's seal as attested by the secretary.
(c)  The secretary of state shall charge and collect a fee of $5 for filing a certificate of change of principal office.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.081. Director, Officer, or Member Acting as Notary

Sec. 162.081.  DIRECTOR, OFFICER, OR MEMBER ACTING AS NOTARY.  A person who is an officer, director, or member of a telephone cooperative and who is authorized to take acknowledgments under state law is not disqualified because of the person's association with the cooperative from taking an acknowledgment of an instrument executed in favor of the cooperative or to which the cooperative is a party.
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 B. Creation and Operation of Telephone Cooperatives › Section 162.082. Applicability to Corporations Organized Under Other Law

Sec. 162.082.  APPLICABILITY TO CORPORATIONS ORGANIZED UNDER OTHER LAW.  A cooperative or nonprofit corporation or association organized under any other law of this state for the purpose of furnishing communication service may, by a majority vote of the members present in person at a meeting called for that purpose, amend its articles of incorporation to comply with 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 C. Powers of Telephone Cooperative › Section 162.121. General Powers

Sec. 162.121.  GENERAL POWERS.  A telephone cooperative may:
(1)  sue and be sued in its corporate name;
(2)  adopt and alter a corporate seal and use the seal or a facsimile of the seal as required by law;
(3)  construct, acquire, lease, improve, install, equip, maintain, and operate, and, subject to Sections 162.125 and 162.126, dispose of, lease, or encumber, communication lines, facilities or systems, lands, structures, plants and equipment, exchanges, and other property, considered appropriate to accomplish the purpose for which the cooperative is organized;
(4)  issue membership certificates as provided by this chapter;
(5)  borrow money and otherwise contract indebtedness, issue or guarantee notes, bonds, and other evidences of indebtedness, and secure the payment of indebtedness by pledge or other encumbrance on any or all of its property or revenue;
(6)  conduct its business and exercise its powers inside or outside this state;
(7)  adopt, amend, and repeal bylaws;
(8)  make any contracts appropriate for the full exercise of the powers granted by this chapter;  and
(9)  perform any other acts and exercise any other power that may be appropriate to accomplish the purpose for which the cooperative is organized.
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 C. Powers of Telephone Cooperative › Section 162.122. Powers Relating to Provision of Communication Service

Sec. 162.122.  POWERS RELATING TO PROVISION OF COMMUNICATION SERVICE.  (a)  A telephone cooperative may:
(1)  furnish and improve communication service to its members, to governmental agencies and political subdivisions, to any number of subscribers of other communication systems through interconnection of facilities, and to any number of users through pay stations;
(2)  connect and interconnect its communication lines, facilities, or systems with other communication lines, facilities, or systems;
(3)  make its facilities available to persons furnishing communication service inside or outside this state;  and
(4)  construct, maintain, and operate a communication line along, on, under, or across publicly owned land or a public thoroughfare, subject to the same restrictions and obligations that apply to an electric transmission cooperative under Subchapter C, Chapter 181.
(b)  A telephone cooperative that acquires communication facilities may continue to furnish service to a person who is already receiving service from those facilities without requiring the person to become a member, but the person may become a member on the terms prescribed by the bylaws.
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 C. Powers of Telephone Cooperative › Section 162.123. Connection and Interconnection of Facilities

Sec. 162.123.  CONNECTION AND INTERCONNECTION OF FACILITIES.  A telephone cooperative doing business in this state may require a person furnishing communication service to the public in this state to interconnect that person's lines, facilities, or systems with, or otherwise make available those lines, facilities, or systems to, the cooperative's communication lines, facilities, or systems to provide a continuous line of communication for the cooperative's subscribers.
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 C. Powers of Telephone Cooperative › Section 162.124. Eminent Domain

Sec. 162.124.  EMINENT DOMAIN.  A telephone cooperative may exercise the power of eminent domain in the manner provided by state law for the exercise of that power by other corporations constructing or operating communication lines, facilities, or systems.
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 C. Powers of Telephone Cooperative › Section 162.125. Encumbrance and Disposition of Property Without Members' Authorization

Sec. 162.125.  ENCUMBRANCE AND DISPOSITION OF PROPERTY WITHOUT MEMBERS' AUTHORIZATION.  (a)  The board of a telephone cooperative may, without authorization of the members, authorize the execution and delivery of a mortgage or deed of trust of or the encumbering of any property of the cooperative, including property to be acquired and the revenues from property of the cooperative, to secure any indebtedness of the cooperative to the United States or any lending institution licensed by the United States or a state.
(b)  A mortgage or deed of trust described by Subsection (a) is exempt from a tax for recording the instrument.
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 C. Powers of Telephone Cooperative › Section 162.126. Encumbrance, Lease, and Disposition of Property With Members' Authorization

Sec. 162.126.  ENCUMBRANCE, LEASE, AND DISPOSITION OF PROPERTY WITH MEMBERS' AUTHORIZATION.  (a)  Except as provided by Section 162.125, a telephone cooperative may not dispose of, lease, or encumber all or a major portion of its property unless the disposition, lease, or encumbrance is authorized by the affirmative vote of at least two-thirds of all the members of the cooperative.
(b)  The board may, on the authorization of two-thirds of all the members of the cooperative at a members' meeting, dispose of or lease all or a major portion of its property to:
(1)  another telephone cooperative;
(2)  a foreign corporation doing business in this state under this chapter;  or
(3)  the holder of a note, bond, or other evidence of indebtedness issued to the United States or to a lending institution licensed by the United States or a state.
(c)  The notice of a meeting at which a disposition or lease under Subsection (b) is to be considered must state the proposed action.
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 D. Amendment of Articles of Incorporation › Section 162.151. Amendment of Articles of Incorporation

Sec. 162.151.  AMENDMENT OF ARTICLES OF INCORPORATION.  A telephone cooperative may amend its articles of incorporation in accordance with this subchapter.
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 D. Amendment of Articles of Incorporation › Section 162.152. Presentation and Approval of Proposed Amendment

Sec. 162.152.  PRESENTATION AND APPROVAL OF PROPOSED AMENDMENT.  (a)  A proposed amendment to the articles of incorporation must be presented to a meeting of the members.  The notice of the meeting must state the proposed amendment or must have the proposed amendment attached to it.
(b)  A proposed amendment, with any changes, may be approved only on the affirmative vote of at least two-thirds of the members voting on the question at the meeting.
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 D. Amendment of Articles of Incorporation › Section 162.153. Articles of Amendment

Sec. 162.153.  ARTICLES OF AMENDMENT.  (a)  The president or vice president, on behalf of the telephone cooperative, shall execute and acknowledge the approved articles of amendment.  The cooperative's seal must be affixed to the articles of amendment and attested by its secretary.
(b)  The articles of amendment must state:
(1)  that the articles of amendment are executed under this chapter;
(2)  the name of the telephone cooperative;
(3)  the address of the cooperative's principal office;  and
(4)  the amendment to the articles of incorporation.
(c)  The president or vice president executing the articles of amendment shall make and attach to the articles an affidavit stating that the cooperative complied with this subchapter with respect to the amendment set forth in the articles.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.