Texas Utilities Code Title 4, Chapter 161 - Electric Cooperative Corporations
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 161.001 - Short Title
This chapter may be cited as the Electric Cooperative Corporation Act. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
- Texas Section 161.002 - Definitions
In this chapter: (1) "Acquire" means and includes construct, acquire by purchase, lease, devise, or gift, or other mode of acquisition. (2) "Board" means the...
- Texas Section 161.003 - Construction Of Chapter
This chapter shall be liberally construed. The enumeration of a purpose, power, method, or thing does not exclude similar purposes, powers, methods, or things. Acts...
- Texas Section 161.004 - 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 "electric cooperative" in...
SUBCHAPTER B CREATION AND OPERATION OF ELECTRIC COOPERATIVES
- Texas Section 161.005 - Chapter Complete And Controlling
This chapter is complete in itself and is controlling. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
- Texas Section 161.051 - Incorporators
(a) Three or more individuals may act as incorporators of an electric cooperative by executing articles of incorporation as provided by this chapter. (b) An...
- Texas Section 161.052 - Duration Of Corporation
An electric cooperative may be created as a perpetual corporation. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
- Texas Section 161.053 - Name Of Electric Cooperative
The name of an electric cooperative must: (1) include the words "Electric Cooperative"; (2) include the term "Corporation," "Incorporated," "Inc.," "Association," or "Company"; and (3)...
- Texas Section 161.054 - Articles Of Incorporation
(a) The articles of incorporation of an electric cooperative must state: (1) the name of the cooperative; (2) the purpose for which the cooperative is...
- Texas Section 161.055 - Filing And Recording Of Articles Of Incorporation
(a) The secretary of state shall receive articles of incorporation of an electric cooperative if the incorporators of the cooperative: (1) apply for filing the...
- Texas Section 161.056 - Revival Of Articles Of Incorporation
(a) If the articles of incorporation of an electric cooperative expire by limitation, the cooperative, with the consent of a majority of its members, may...
- Texas Section 161.057 - Organizational Meeting
(a) After the certificate of incorporation is issued, the incorporators of an electric cooperative shall meet to adopt bylaws, elect officers, and transact other business...
- Texas Section 161.058 - Perfecting Defectively Organized Corporation
(a) An electric cooperative that files defective articles of incorporation or fails to take an action necessary to perfect its corporate organization may: (1) file...
- Texas Section 161.059 - Nonprofit Operation
(a) An electric cooperative shall operate without profit to its members. (b) The rates, fees, rents, and other charges for electric energy and other facilities,...
- Texas Section 161.060 - Members Not Liable For Debts Of Electric Cooperative
A member is not liable for a debt of an electric cooperative except for: (1) a debt contracted between the member and the cooperative; or...
- Texas Section 161.061 - License Fee
Not later than May 1 of each year, each electric cooperative shall pay to the secretary of state a license fee of $10. Acts 1997,...
- Texas Section 161.062 - Exemption From Excise Taxes
An electric cooperative is exempt from all excise taxes but is exempt from the franchise tax imposed by Chapter 171, Tax Code, only if the...
- Texas Section 161.063 - Exemption From Application Of Securities Act
The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes) does not apply to: (1) an obligation issued to secure a debt of an...
- Texas Section 161.064 - Bylaws
(a) The board may adopt, amend, or repeal the bylaws of the cooperative. (b) The bylaws may contain any provision for the regulation and management...
- Texas Section 161.065 - Membership
(a) A person is eligible to become a member of an electric cooperative if the person has a dwelling, structure, apparatus, or point of delivery...
- Texas Section 161.066 - Certificate Of Membership
(a) An electric cooperative shall issue a certificate of membership to a member who pays the member's membership fee in full. (b) A certificate of...
- Texas Section 161.067 - Meetings Of Members
(a) An electric cooperative may hold a meeting of its members at a place provided in the bylaws. If the bylaws do not provide for...
- Texas Section 161.068 - Notice Of Members' Meeting
(a) Written notice of each meeting of the members shall be delivered to each member of record, either personally or by mail, not earlier than...
- Texas Section 161.069 - Quorum Of Members
Unless otherwise provided by the articles of incorporation, a quorum for the transaction of business at a meeting of the members of an electric cooperative...
- Texas Section 161.070 - Voting By Members
Each member present at a meeting of the members is entitled to one vote on each matter submitted to a vote at the meeting. The...
- Texas Section 161.071 - Board Of Directors
(a) The business and affairs of an electric cooperative shall be managed by a board of directors. The board consists of at least three directors....
- Texas Section 161.072 - Election Of Directors; Vacancies
(a) The incorporators of an electric cooperative named in the articles of incorporation shall serve as directors until the first annual meeting of the members,...
- Texas Section 161.073 - Compensation Of Directors
A director of an electric cooperative is entitled to the compensation and reimbursement for expenses actually and necessarily incurred by the director as provided by...
- Texas Section 161.074 - Quorum Of Directors
(a) A majority of the directors is a quorum unless the articles of incorporation or the bylaws provide that a greater number of the directors...
- Texas Section 161.075 - Board Meetings
(a) The board shall hold a regular or special board meeting at the place and on the notice prescribed by the bylaws. (b) The attendance...
- Texas Section 161.076 - Officers, Agents, And Employees
(a) The board shall elect from the board's membership a president, a vice president, a secretary, and a treasurer. The terms of office, powers, duties,...
- Texas Section 161.077 - Executive Committee
(a) The bylaws of an electric cooperative may authorize the board to elect an executive committee from the board's membership. (b) The board may delegate...
- Texas Section 161.078 - Indemnification
An electric cooperative may indemnify and provide indemnity insurance in the same manner and to the same extent as a nonprofit corporation under Article 2.22A,...
SUBCHAPTER C POWERS OF ELECTRIC COOPERATIVE
- Texas Section 161.079 - Applicability Of Chapter 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 engaging in rural electrification may, by...
- Texas Section 161.121 - General Powers
An electric cooperative may: (1) sue and be sued in its corporate name; (2) adopt and alter a corporate seal and use the seal or...
- Texas Section 161.122 - Provision Of Rural Electrification
An electric cooperative may engage in rural electrification by: (1) furnishing electric energy to any person for delivery to a dwelling, structure, apparatus, or point...
- Texas Section 161.123 - Powers Relating To Provision Of Electric Energy
An electric cooperative may: (1) generate, acquire, and accumulate electric energy and transmit, distribute, sell, furnish, and dispose of that electric energy to its members...
- Texas Section 161.124 - Provision Of Electric Energy To Certain Nonmember Entities
An electric cooperative may generate, acquire, and accumulate electric energy and transmit, distribute, sell, furnish, and dispose of that electric energy to any of the...
SUBCHAPTER D AMENDMENT OF ARTICLES OF INCORPORATION
- Texas Section 161.125 - Eminent Domain
An electric cooperative may exercise the power of eminent domain in the manner provided by state law for acquiring private property for public use. The...
- Texas Section 161.151 - Amendment Of Articles Of Incorporation
(a) An electric cooperative may amend its articles of incorporation by a majority vote of the members of the cooperative present in person or represented...
SUBCHAPTER E CONSOLIDATION OF ELECTRIC COOPERATIVES
- Texas Section 161.152 - Articles Of Amendment
(a) Articles of amendment of an electric cooperative must be: (1) signed by the president or vice president and attested by the secretary, certifying to...
- Texas Section 161.201 - Consolidation
(a) Two or more electric cooperatives may enter into an agreement to consolidate the cooperatives. The agreement must state: (1) the terms of the consolidation;...
SUBCHAPTER F DISSOLUTION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
Last modified: September 28, 2016