Utilities Code § 161.059

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.