Floor Packet Page No. 139 Amend CSHB 4 by adding the following appropriately numbered sections to Article 2 and by renumbering the other sections in Article 2 accordingly: SECTION 2.____. Subtitle E, Title II, Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended by adding Section 2.2125 to read as follows: Sec. 2.2125. ADJUSTMENT FOR DECREASES IN AD VALOREM TAX LIABILITY. (a) The commission, on its own motion or on the petition of an electric utility, shall provide for the adjustment of the utility's billing to reflect a decrease in the utility's ad valorem tax liability if the decrease: (1) results from CSHB 4, Acts of the 75th Legislature, 1997; and (2) is attributable to an activity subject to the commission's jurisdiction. (b) The commission shall apportion pro rata to each type and class of service provided by the utility and billing adjustment under this section. The adjustment, if required: (1) shall be made effective January 31, 1998; and (2) remains effective only until the commission alters the adjustment as provided by this section or enters an order for the utility under Section 2.211 or 2.212 of this Act. (c) Each year after an original adjustment, the commission shall: (1) review the utility's decrease of tax liability described by Subsection (a)(1) of this section; and (2) alter the adjustment as necessary to reflect any additional decrease. (d) A proceeding under this section is not a rate case under Section 2.212 of this Act. SECTION 2.____. Subtitle E, Title III, Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended by adding Section 3.2115 to read as follows: Sec. 3.2115. ADJUSTMENT FOR DECREASE IN AD VALOREM TAX LIABILITY. (a) The commission, on its own motion or on the petition of a utility, shall provide for the adjustment of the utility's billing to reflect a decrease in the utility's ad valorem tax liability if the decrease: (1) results from CSHB 4, Acts of the 75th Legislature, 1997; and (2) is attributable to an activity subject to the commission's jurisdiction. (b) The commission shall apportion pro rata to each type and class of service provided by the utility any billing adjustment under this section. The adjustment, if required: (1) shall be made effective January 31, 1998; and (2) remains effective only until the commission alters the adjustment as provided by this section or enters an order for the utility under Section 3.210 or 3.211 of this Act. (c) Each year after an original adjustment, the commission shall: (1) review the utility's decrease of tax liability described by Subsection (a)(1) of this section; and (2) alter the adjustment as necessary to reflect any additional decrease. (d) A proceeding under this section is not a rate case under Section 3.211 of this Act.