UTILITY/ELEC COOPS: Provides relative to the adoption, amendment, and repeal of bylaws of an electric cooperative

2026 Regular Session Introduced by Jacob Landry

Default authority to adopt, amend, or repeal bylaws rests with the board of directors for electric cooperatives, unless the bylaws grant member control for certain actions.

Effective date: 08/01/2026.

Basic Information

Jurisdiction: Louisiana

Session: 2026 Regular Session

Bill Title: UTILITY/ELEC COOPS: Provides relative to the adoption, amendment, and repeal of bylaws of an electric cooperative

Sponsor: Rep. Jacob Landry

Status: Passed House committee; scheduled for floor debate (as of the latest action history)

What the bill does

HB 1096 amends and reenacts a provision in the Louisiana Revised Statutes regarding the bylaws of electric cooperatives (R.S. 12:407(B)).

Key Change

Current law (before HB 1096): Bylaws may be adopted, amended, or repealed by either the members or the board of directors.

Proposed law (HB 1096): Bylaws may be adopted, amended, or repealed by the board of directors unless otherwise provided in the bylaws. In other words, the default authority shifts to the board of directors, but the bylaws may designate the members as the governing body for certain actions if they specify so.

Notable Provisions

The board of directors cannot adopt bylaws that conflict with specific statutory provisions (R.S. 12:414, 12:418, or 12:421). This remains consistent with existing guardrails ensuring statutory compliance.

Who/What is Affected

Entities Affected: Electric cooperatives organized under Louisiana law.

Stakeholders: Cooperative members and the cooperative’s board of directors.

Impact on Governance: Shifts default authority for adopting, amending, or repealing bylaws from “either the members or the board” to the board of directors, with the caveat that the bylaws themselves can preserve member authority for certain actions (e.g., dissolution, or disposition/encumbrance of substantial property) if specified.

Procedural and Timeline Considerations

Process: The bill amends statutory language to reflect the new default principle. The board would typically act on bylaws unless the cooperative’s own bylaws designate member involvement for specific actions.

Guardrails: The board may not adopt bylaws that conflict with specific statutory provisions (R.S. 12:414, 12:418, 12:421), preserving critical statutory protections.

Legislative Status: As of the latest updates, the bill was favorably reported out of committee with a floor debate scheduled.

Practical Implications

Electric cooperatives may see changes in internal governance processes, potentially streamlining or concentrating bylaws-adoption authority under the board of directors.

Cooperatives that prefer member oversight for certain actions can modify their bylaws to preserve member authority on those actions (e.g., dissolution, sale/lease of substantial property) as permitted by the text.

Ensures bylaws remain aligned with overarching statutory requirements.

Bottom Line

HB 1096 clarifies and emphasizes that, by default, the board of directors holds authority to adopt, amend, or repeal bylaws for electric cooperatives, while allowing cooperatives to retain member control for specified actions if their bylaws provide for it. It also maintains statutory protections against conflicting bylaws.

Bill