Sec. 152.052. POWERS OF NONPROFIT CORPORATION. (a) A corporation created under Section 152.051 may exercise any power of the creating river authority except a power relating to solid waste management activities or activities as an exempt wholesale generator, but including the authority to acquire, develop, operate, and sell fuel, fuel reserves, and mineral interests. In this subsection, "exempt wholesale generator" has the meaning assigned by Section 32(a), Public Utility Holding Company Act of 1935 (15 U.S.C. Section 79z-5a(a)).
(b) When exercising a power under this chapter, a corporation created under Section 152.051 and the board of directors of the corporation have the same powers as the creating river authority and the authority's board, including the power to issue bonds or other obligations or otherwise borrow money on behalf of the river authority to accomplish any purpose of the corporation.
(c) With regard to the issuance of an obligation, the board of directors of a corporation created under Section 152.051 may exercise the powers granted to the governing body of:
(1) an issuer under Chapters 1201 and 1371, Government Code; and
(2) a public agency under Chapter 1204, Government Code.
(d) A corporation created under Section 152.051 and the creating river authority may:
(1) share officers, directors, employees, equipment, and facilities; and
(2) provide goods or services to each other at cost without the requirement of competitive bidding.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 25, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 5 - Special Law Districts
Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy
Subchapter B. Nonprofit Corporation Acting on Behalf of River Authority
Section 152.051. Creation of Nonprofit Corporation
Section 152.052. Powers of Nonprofit Corporation
Section 152.053. Board of Directors
Section 152.054. Supervision by Board of Directors of River Authority
Section 152.055. Liability of Corporate Property for Taxes and Special Assessments
Section 152.056. Transfer of River Authority Assets to Corporation
Section 152.057. Application of Other Law to River Authority