Amend CSSB 482 (house committee printing) by adding the 
following appropriately numbered SECTION to read as follows and 
renumbering subsequent SECTIONS accordingly:
	SECTION ____. Section 17.008, Utilities Code, is amended to 
read as follows: 
	Sec. 17.008. PROTECTION OF RESIDENTIAL ELECTRIC SERVICE 
APPLICANTS AND CUSTOMERS. (a) In this section and in Section 
17.009:
		(1) "Credit history":                                                         
			(A) means information regarding an individual's 
past history of:           
				(i) financial responsibility;                                               
				(ii) payment habits; or                                                     
				(iii) creditworthiness; and                                                 
			(B) does not include an individual's outstanding 
balance for retail electric or telecommunications service.
		(2) "Credit score" means a score, grade, or value that 
is derived by a consumer reporting agency, as defined under Section 
603(f) of the Fair Credit Reporting Act (15 U.S.C. Section 
1681a(f)), using data from a credit history in any type of model, 
method, or program for the purpose of grading or ranking credit 
report data, whether derived electronically, from an algorithm, 
through a computer software application model or program, or 
through any other analogous process.
		(3) "Utility payment data" means a measure that is 
derived by a consumer reporting agency, as defined under Section 
603(f) of the Fair Credit Reporting Act (15 U.S.C. Section 
1681a(f)), from a model specifically designed to correlate to 
utility payment histories.
	(b) A retail electric provider may not deny an applicant's 
request to become a residential electric service customer on the 
basis of the applicant's credit history or credit score [, but may 
use the applicant's utility payment data until the later of January 
1, 2007, or the date on which the price to beat is no longer in 
effect in the geographic area in which the customer is located].
	(c) [Notwithstanding Subsection (b), while a retail electric 
provider is required to provide service to a geographic area as the 
affiliated retail electric provider, the provider may not deny an 
applicant's request to become a residential electric service 
customer within that geographic area on the basis of the 
applicant's credit history, credit score, or utility payment data.
	[ (d) After the date described in Subsection (b), a retail 
electric provider, including an affiliated retail electric 
provider, may not deny an applicant's request to become a 
residential electric service customer on the basis of the 
applicant's credit history, credit score, or utility payment data 
but may use the applicant's electric bill payment history.
	[(c)] A retail electric provider may not use a credit score, a 
credit history, or utility payment data as the basis for 
determining the price for month-to-month electric service or 
electric service that includes a fixed price commitment of 12 
months or less:
		(1) for an existing residential customer; or                                  
		(2) in response to an applicant's request to become a 
residential electric service customer.
	(d) On [(f) After the date described in Subsection (b), on] 
request by a customer or former customer in this state, a retail 
electric provider or electric utility shall timely provide to the 
customer or former customer bill payment history information with 
the retail electric provider or electric utility during the 
preceding 12-month period. Bill payment history information may be 
obtained by the customer or former customer once during each 
12-month period without charge. If additional copies of bill 
payment history information are requested during a 12-month period, 
the electric service provider may charge the customer or former 
customer a reasonable fee for each copy.
	(e) [(g)] On request by a retail electric provider, another 
retail electric provider or electric utility shall timely verify 
information that purports to show a customer's service and bill 
payment history with the retail electric provider or electric 
utility.
	(f) A retail electric provider may not require a person 
applying for residential electric service to provide a security 
deposit or advance payment as a condition of service if:
		(1) it can be shown that the person was a customer of one 
or more retail electric providers or electric utilities in this 
state during the entire 12-month period preceding the request for 
electric service; and
		(2) during the preceding 12-month period, the person 
was not late in paying an electric service bill.
	(g) If a person applying for residential electric service 
does not provide the documentation described in Subsection (f), 
nothing in this section limits [(h) This section does not limit] a 
retail electric provider's authority to require a deposit or 
advance payment as a condition of service.
	(h) [(i)] Notwithstanding Subsection (c) [(c)], a retail 
electric provider may provide rewards, benefits, or credits to 
residential electric service customers on the basis of the 
customer's payment history for retail electric service to that 
provider.