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Amend SB 1668 as follows:
(1) in SECTION 1 of the bill (Engrossed version, page 1,
lines 5-23), by inserting the following after line 23 and
renumbering all subsequent sections accordingly:
SECTION 2. Chapter 11, Utilities Code, is amended by adding
Section 11.0042 to read as follows:
Sec. 11.0042. DEFINITION OF AFFILIATE. (a) The term
"person" or "corporation" as used in the definition of "affiliate"
provided by Section 11.003(2) does not include:
(1) a broker or dealer registered under the Securities
Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), as amended;
(2) a bank or insurance company as defined under the
Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), as
amended;
(3) an investment adviser registered under state law or
the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-20 et
seq.);
(4) an investment company registered under the
Investment Company Act of 1940 (15 U.S.C. Section 80a-51 et seq.);
or
(5) an employee benefit plan, pension fund, endowment
fund, or other similar entity that may, directly or indirectly,
own, hold, or control five percent or more of the voting securities
of a public utility or the parent corporation of a public utility if
the entity did not acquire the voting securities:
(A) for the purpose of or with the effect of
changing or influencing the control of the issuer of the
securities; or
(B) in connection with or as a participant in any
transaction that changes or influences the control of the issuer of
the securities.
(b) For the purpose of determining whether a person is an
affiliate under Section 11.006(a)(3), the term "person" does not
include an entity that may, directly or indirectly, own, hold, or
control the voting securities of a public utility or the parent
corporation of a public utility if the entity did not acquire the
voting securities:
(1) for the purpose of or with the effect of changing or
influencing the control of the issuer of the securities; or
(2) in connection with or as a participant in any
transaction that changes or influences the control of the issuer of
the securities.
(c) A report filed by an entity described by Subsection
(a)(5) or (b) with the Securities and Exchange Commission is
conclusive evidence of the entity's intent if the report confirms
that the voting securities were not acquired:
(1) for the purpose of or with the effect of changing or
influencing the control of the issuer of the securities; or
(2) in connection with or as a participant in any
transaction that changes or influences the control of the issuer of
the securities.