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	Amend CSSB 408 on page      , after line     , to add new section 
as follows and renumber the remaining sections:
	SECTION      .  Utilities Code is amended to create a new 
section, 39.208.
	39.208 Filing Terms of Service.                                         
	(a)  Application.  This section applies to all retail 
electric providers (REP) but only with respect to each product or 
service that they offer or provide to any residential customer as 
well as each product or services that they offer or provide to any 
commercial customer whose peak demand is 1,000 kilowatts or less.  
For the purpose of this section, an aggregation group is not 
considered a single customer.
	(b)  Effective Terms of Service.  No later than 5 days prior 
to the effective date, a Retail Electric Provider must file each 
Terms of Service with the commission.  No REP shall directly or 
indirectly demand, charge, or collect any rate or charge, or impose 
any classifications, practices, rules, or regulations different 
from those prescribed in the applicable effective Terms of Service 
filed with the commission.  The Terms of Service shall include:
		1.  itemized prices or rates to be charged to a 
customer;            
		2.  any required length of service;                                    
		3.  all material terms and conditions, including, 
without limitation, exclusions, reservations, limitations, and 
conditions of the terms of services offered by the REP; and
		4.  all other items specified by the commission by rule.               
	A Retail Electric Provider may offer more than one version of 
Terms of Service to any particular customer class but only if each 
separate Terms of Service meets all of the requirements of this 
section.  If a Retail Electric Provider offers more than one Terms 
of Service for a particular customer class, then every similarly 
situated customer must have the right to choose the Terms of Service 
that they prefer.
	(c)  Availability of Terms of Service.  Each REP shall make 
available to the public at each of its business offices, designated 
sales offices within Texas and posted with the commission, all of 
its Terms of Service currently on file with the commission, and its 
employees shall lend assistance to persons seeking information on 
its Terms of Service and afford inquirers an opportunity to examine 
any Terms of Service upon request.  The REP also shall make the full 
text of each Terms of Service available on its website and shall 
provide copies of any portion of its Terms of Service at a 
reasonable cost. Any item filed confidentially with the commission 
shall not satisfy, in whole or in part, the requirements of this 
section. No portion of a Terms of Service filed under this section 
shall be considered confidential for any purpose.
	(d)  Notice.  The commission shall require notice in the Texas 
Register for each Terms of Service filed by a Retail Electric 
Provider.
	(e)  Transition period.  All Terms of Service to which this 
section applies which are in effect at any time on or after July 1, 
2005, shall be filed with the commission no later than October 1, 
2005.
	(f)  Withdrawal of a service.  At least 45 days prior to 
discontinuing any service or rate, the REP must file a notice of 
discontinuance of the service or rate with the commission and shall 
send notice to all customers taking service under the applicable 
Terms of Service.  If that Terms of Service has no current 
customers, the REP shall provide an affidavit to this effect with a 
notice of discontinuance of the Terms of Service.
	(g)  Expiration date.  The requirements of this section shall 
expire on December 31, 2007.