Amend CSHB 3928 as follows:                                                  
	(1)  On page 9, lines 12 and 13, strike "Sections 171.002(a), 
(b), (c), and (d), Tax Code,  as effective January 1, 2008, are 
amended" and substitute "Section 171.002, Tax Code, as effective 
January 1, 2008, is amended by amending Subsections (a), (b), (c), 
and (d) and adding Subsection (c-2)".
	(2)  On page 10, line 3, between "(3)" and "the", insert 
"except as provided by Subsection (c-2),".
	(3)  On page 10, between lines 5 and 6, insert the following:                  
	(c-2) A taxable entity that is a retail electric provider 
with retail sales of at least 60 million megawatt-hours per year and 
that does not provide and is not affiliated with an entity that 
provides transmission and distribution utility service is 
primarily engaged in retail or wholesale trade.
	(4)  Add the following appropriately numbered section to the 
bill and renumber the remaining sections of the bill appropriately:
	SECTION ____.  Subchapter B, Chapter 171, Tax Code, is 
amended by adding Section 171.0511 to read as follows:
	Sec. 171.0511.  UNRELATED BUSINESS INCOME.  Notwithstanding 
any other provision of this chapter, an entity is subject to the 
franchise tax on its unrelated business taxable income, as defined 
by Section 512, Internal Revenue Code.