Sec. 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, supplies, equipment, or services furnished by the cooperative must be sufficient at all times to:
(1) pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its business;
(2) pay the principal of and interest on the obligations issued or assumed by the cooperative in performing the purpose for which the cooperative was organized; and
(3) create reserves.
(c) The cooperative shall devote its revenues:
(1) first to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations; and
(2) then to the reserves prescribed by the board for improvement, new construction, depreciation, and contingencies.
(d) The cooperative shall periodically return revenues not required for the purposes prescribed by Subsection (c) to the members in proportion to the amount of business done with each member during the applicable period. The cooperative may return revenues:
(1) in cash, by abatement of current charges for electric energy, or in another manner determined by the board; or
(2) through a general rate reduction to members.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Notes of Decisions
Hall v. Pedernales Elec. Coop., Inc., 278 S.W.3d 536 (Tex. App.—Austin 2009).
· cites it 2× “See Tex. Util. Code Ann. § 161.059 (d). The Class Representatives alleged that at the time suit was filed, PEC had never returned patronage capital to its members, reported how patronage capital was being used, or notified the members of their individual patronage capital…”
Bennie Fuelberg v. State, 410 S.W.3d 498 (Tex. App.—Austin 2013).
“The “rates, fees, rents, and other charges” for a co-op’s services must be used to first pay for prudent business expenses, including the repayment of loans, and then to create reserves.”
Fuelberg, Bennie, No. PD-1537-14 (Tex. Crim. App. Jan. 29, 2015).
· cites it 3× “4 TEX. UTIL. CODE § 161.059(c)–(d).........”
David Allen Hall v. Pedernales Elec. Coop., Inc., No. 03-08-00373-CV (Tex. App.—Austin Mar. 5, 2009).
· cites it 2× “See Tex. Util. Code Ann. § 161.059 (d). The Class Representatives alleged that at the time suit was filed, PEC had never returned patronage capital to its members, reported how patronage capital was being used, or notified the members of their individual patronage capital…”
Fuelberg, Bennie, No. PD-1537-14 (Tex. Crim. App. Jan. 15, 2015).
· cites it 2× “" See Tex. Util. Code § 161.059(a) (emphasis added).”
Fuelberg, Bennie, No. PD-1537-14 (Tex. Crim. App. Jan. 15, 2015).
· cites it 2× “" See Tex. Util. Code § 161.059(a) (emphasis added).”
William Thomas Watts v. State, No. 03-08-00725-CR (Tex. App.—Austin Mar. 5, 2009).
“” Tex. Util. Code Ann. § 161.059 (d). Under the terms of the settlement agreement, the members benefit from a guaranteed retirement of $23 million in patronage capital in the form of bill credits.”
Tex. Util. Code § 161.059(a): 3 cases
Bennie Fuelberg v. State, 410 S.W.3d 498 (Tex. App.—Austin 2013).
“The “rates, fees, rents, and other charges” for a co-op’s services must be used to first pay for prudent business expenses, including the repayment of loans, and then to create reserves.”
Fuelberg, Bennie, No. PD-1537-14 (Tex. Crim. App. Jan. 15, 2015).
“" See Tex. Util. Code § 161.059(a) (emphasis added).”
Fuelberg, Bennie, No. PD-1537-14 (Tex. Crim. App. Jan. 15, 2015).
“" See Tex. Util. Code § 161.059(a) (emphasis added).”
Tex. Util. Code § 161.059(c): 1 case
Fuelberg, Bennie, No. PD-1537-14 (Tex. Crim. App. Jan. 29, 2015).
“4 TEX. UTIL. CODE § 161.059(c)–(d).........”
Tex. Util. Code § 161.059(d): 3 cases
Hall v. Pedernales Elec. Coop., Inc., 278 S.W.3d 536 (Tex. App.—Austin 2009).
“See Tex. Util. Code Ann. § 161.059 (d). The Class Representatives alleged that at the time suit was filed, PEC had never returned patronage capital to its members, reported how patronage capital was being used, or notified the members of their individual patronage capital…”
Fuelberg, Bennie, No. PD-1537-14 (Tex. Crim. App. Jan. 15, 2015).
“" See Tex. Util. Code § 161.059(a) (emphasis added).”
Fuelberg, Bennie, No. PD-1537-14 (Tex. Crim. App. Jan. 15, 2015).
“" See Tex. Util. Code § 161.059(a) (emphasis added).”
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