Amend CSHB 1777 by striking Sections 4 and 5 of the bill (page 20, line 24, through page 21, line 19), by adding the following appropriately numbered section, and by renumbering the subsequent sections accordingly: SECTION ___. Subchapter E, Chapter 36, Utilities Code, is amended by adding Section 36.209 to read as follows: Sec. 36.209. RECOVERY BY CERTAIN NON-ERCOT UTILITIES OF CERTAIN TRANSMISSION COSTS. (a) This section applies only to an electric utility that operates solely outside of ERCOT in areas of this state included in the Southwest Power Pool and that owns or operates transmission facilities. (b) Notwithstanding Section 36.201, after notice and hearing, the commission may allow an electric utility to recover on an annual basis its reasonable and necessary expenditures for transmission infrastructure improvement costs and changes in wholesale transmission charges to the electric utility under a tariff approved by a federal regulatory authority to the extent that the costs or charges have not otherwise been recovered. The commission may allow the electric utility to recover only the costs allocable to retail customers in this state and may not allow the electric utility to over-recover costs.