
§ 11.0042. DEFINITION OF AFFILIATE.  (a) The term 
"person" or "corporation" as used in the definition of "affiliate" 
provided by Section 11.003(2) does not include:
		(1)  a broker or dealer registered under the Securities 
Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), as amended;
		(2)  a bank or insurance company as defined under the 
Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), as 
amended;
		(3)  an investment adviser registered under state law 
or the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et 
seq.);  or
		(4)  an investment company registered under the 
Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.);  
or
		(5)  an employee benefit plan, pension fund, endowment 
fund, or other similar entity that may, directly or indirectly, 
own, hold, or control five percent or more of the voting securities 
of a public utility or the parent corporation of a public utility if 
the entity did not acquire the voting securities:
			(A)  for the purpose of or with the effect of 
changing or influencing the control of the issuer of the 
securities;  or
			(B)  in connection with or as a participant in any 
transaction that changes or influences the control of the issuer of 
the securities.
	(b)  For the purpose of determining whether a person is an 
affiliate under Section 11.006(a)(3), the term "person" does not 
include an entity that may, directly or indirectly, own, hold, or 
control the voting securities of a public utility or the parent 
corporation of a public utility if the entity did not acquire the 
voting securities:
		(1)  for the purpose of or with the effect of changing 
or influencing the control of the issuer of the securities;  or
		(2)  in connection with or as a participant in any 
transaction that changes or influences the control of the issuer of 
the securities.
	(c)  A report filed by an entity described by Subsection 
(a)(5) or (b) with the Securities and Exchange Commission is 
conclusive evidence of the entity's intent if the report confirms 
that the voting securities were not acquired:
		(1)  for the purpose of or with the effect of changing 
or influencing the control of the issuer of the securities;  or
		(2)  in connection with or as a participant in any 
transaction that changes or influences the control of the issuer of 
the securities.

Added by Acts 2005, 79th Leg., ch. 413, § 2, eff. June 17, 2005.

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Last modified: August 10, 2007