The corporation must be self-funded, follow commission regulation, and use a board to act; the state may not fund it or treat its debts as state debts.
Sec. 36.453. CREATION OF CORPORATION. (a) The corporation is a nonprofit corporation and instrumentality of the state, and shall perform the essential governmental function of financing system restoration costs in accordance with this subchapter. The corporation: (1) shall perform only functions consistent with this subchapter; (2) shall exercise its powers through a governing board; (3) is subject to the regulation of the commission; and (4) has a legal existence as a public corporate body and instrumentality of the state separate and distinct from the state. (b) Assets of the corporation may not be considered part of any state fund. The state may not budget for or provide any state money to the corporation. The debts, claims, obligations, and liabilities of the corporation may not be considered to be a debt of the state or a pledge of its credit. (c) The corporation must be self-funded. Before the imposition of transition charges or system restoration charges, the corporation may accept and expend for its operating expenses money that may be received from any source, including financing agreements with the state, a commercial bank, or another entity to: (1) finance the corporation's obligations until the corporation receives sufficient transition property to cover its operating expenses as financing costs; and (2) repay any short-term borrowing under any such financing agreements. (d) The corporation has the powers, rights, and privileges provided for a corporation organized under Chapter 22, Business Organizations Code, subject to the express exceptions and limitations provided by this subchapter. (e) An organizer selected by the executive director of the commission shall prepare the certificate of formation of the corporation under Chapters 3 and 22, Business Organizations Code. The certificate of formation must be consistent with the provisions of this subchapter. (f) State officers and agencies are authorized to render services to the corporation, within their respective functions, as may be requested by the commission or the corporation. (g) The corporation or an issuer may: (1) retain professionals, financial advisors, and accountants the corporation or issuer considers necessary to fulfill the corporation's or issuer's duties under this subchapter; and (2) determine the duties and compensation of a person retained under Subdivision (1), subject to the approval of the commission. (h) The corporation is governed by a board of five directors appointed by the commission for two-year terms. (i) An official action of the board requires the favorable vote of a majority of the directors present and voting at a meeting of the board. Added by Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 2, eff. June 1, 2021.