Amend CSSB 5 as follows:
      (1)  On page 34, between lines 7-8, insert new Subsection
(d):
      (d) In lieu of the money from sources described in Subsection
(c), the fund may consist of money from the negative stranded costs
surcharge under Section 39.201(d), Utilities Code.
      (2)  On page 55, between lines 19-20, insert the new
appropriately numbered Sections of the bill and renumber subsequent
Sections of the bill accordingly:
      SECTION __.  Section 39.2011, Utilities Code, is added to
read as follows:
      Sec. 39.2011.  TEXAS EMISSIONS REDUCTION PLAN SURCHARGE;
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 determined by the commission, shall be applied:
            (1)  first, as a negative stranded costs surcharge
dedicated to the Texas Emissions Reduction Plan Fund, in a total
amount for all such electric utilities not to exceed the equivalent
of the present value of $150 million per year for the equivalent of
seven years, in accordance with rules of the commission; and
            (2)  for all remaining amounts, as ordered by the
commission, as provided by law.
      (b)  A credit ordered in accordance with Subsection (a)(1) 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 as ordered by the commission.
      SECTION __.  (a)  If the Public Utility Commission directs a
negative stranded costs surcharge to the Texas Emissions Reduction
Plan Fund under Section 39.2011, Utilities Code, and the negative
stranded costs surcharge will equal the equivalent of the present
value of $150 million per year for the equivalent of seven years,
the other fees and surcharges imposed by this Act shall no longer
be collected as of the year following the collection of the
negative stranded costs surcharge.
      (b)  If the Public Utility Commission directs a negative
stranded costs surcharge to the Texas Emissions Reduction Plan Fund
under Section 39.2011, Utilities Code, and the negative stranded
costs surcharge will not equal the amount in Subsection (a), the
comptroller shall reduce all other fees and surcharges imposed by
this Act proportionately in an amount needed to equal $150 million
per year for the years remaining until the fees and surcharges
expire.