Tex.
Water Code Section 152.052
Powers of Nonprofit Corporation
(a)
A corporation created under Section 152.051 (Creation of Nonprofit Corporation) 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 (Creation of Nonprofit Corporation) 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 (Creation of Nonprofit Corporation) may exercise the powers granted to the governing body of:(1)
an issuer under Chapters 1201 (Public Security Procedures Act) and 1371 (Obligations for Certain Public Improvements), Government Code; and(2)
a public agency under Chapter 1204 (Interest Rate), Government Code.(d)
A corporation created under Section 152.051 (Creation of Nonprofit Corporation) 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.
Source:
Section 152.052 — Powers of Nonprofit Corporation, https://statutes.capitol.texas.gov/Docs/WA/htm/WA.152.htm#152.052 (accessed Jun. 5, 2024).
