Hilco Electric Cooperative v. Midlothian Butane Gas Co.

While I agree that this case must be remanded to the trial court, I write to set out my understanding of the reasons for doing so, which I think are the same as the Court’s.

Since it was first enacted in 1937, the Texas Electric Cooperative Corporation Act has enumerated certain powers of electric cooperative corporations and then added a catchall provision, which the parties have referred to as subsection 18, that a cooperative may — to use the current statutory language that has remained essentially unchanged over the years—

perform any other acts for the cooperative or its members or for…