Amend CSSB 5 as follows:
      (1)  In SECTION 1(b) of the bill, in proposed Section
386.251(c), Health and Safety Code, at the end of Subdivision (2)
(House Committee Printing page 34, line 5), strike "and".
      (2)  In SECTION 1(b) of the bill, in proposed Section
386.251(c)(3), Health and Safety Code, between "Code" and the
period (House Committee Printing page 34, line 7), insert the
following:
; and
            (4)  money from the negative stranded costs surcharge
under Section 39.2011, Utilities Code
      (3)  In SECTION 1(b) of the bill, at the end of proposed
Section 386.251, Health and Safety Code (House Committee Printing
page 34, between lines 7 and 8), insert the following:
      (d)  Notwithstanding any other provision of law, the fees,
surcharges, and other amounts listed in Subsections (c)(1)-(3) are
proportionately reduced so that those fees, surcharges, and other
amounts generate in the aggregate an amount equal to the difference
between $100 million and the amount deposited in the fund under
Subsection (c)(4).
      (4)  Between SECTIONS 11 and 12 of the bill (House Committee
Printing page 55, between lines 19 and 20), insert the following
SECTION, appropriately numbered, and renumber the subsequent
sections accordingly.
      SECTION __. Subchapter E, Chapter 39, Utilities Code, is
amended by adding Section 39.2011 to read as follows:
      Sec. 39.2011.  SURCHARGE ON NEGATIVE STRANDED COSTS. (a)  If
the commission determines that an electric utility that is subject
to Section 39.254 and that has a service area exclusively located
within the Electric Reliability Council of Texas does not have
positive stranded costs based on a computation under Section
39.201(h), the commission shall order that mitigation attributable
to positive differences identified under Section 39.257, excluding
estimates of positive differences for calendar year 2001 and
including mitigation attributable to excess earnings identified in
accordance with transition plans approved by the commission, be
applied such that 50 percent of such amounts allocable to
residential customers, according to a methodology, shall be
applied:
            (1)  first, as a negative stranded costs surcharge to
be deposited in the Texas emissions reduction plan fund, in a total
amount for all such electric utilities not to exceed $100 million
per year for three years, in accordance with rules of the
commission; and
            (2)  second, as a negative stranded costs surcharge to
be used to fund the low-income vehicle repair assistance, retrofit,
and accelerated vehicle retirement program established under
Section 382.209, Health and Safety Code. 
      (b)  A surcharge under Subsection (a)  is not a reduction to
retail base rates.  If this section applies, any positive
difference under the report required by Section 39.257(b) shall be
applied in accordance with this section as ordered by the
commission.