Hilco Electric Cooperative v. Midlothian Butane Gas Co.

in which Chief Justice PHILLIPS, Justice ENOCH, Justice OWEN, Justice O’NEILL, Justice SCHNEIDER, Justice SMITH, and Justice WAINWRIGHT joined.

The primary issue in this case is whether the Electric Cooperative Corporation Act (“ECCA”), particularly as amended in 1997 by House Bill 3203, Act of May 24, 1997, 75th Leg., R.S., ch. 904, § 4, 1997 Tex. Gen. Laws 2847, 2849-50 (“H.B. 3203”), allows a nonprofit electric cooperative to create and own a for-profit subsidiary propane business. See Tex. Util.Code § 161.001-.254. The district court granted summary judgment declaring that HILCO Electric…