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Amend CSSB 483 as follows:
(1) In SECTION 6 of the bill, Subsection (a), Section
39.157, Utilities Code (committee printing page 3, line 35), in the
second sentence of the subsection, strike "are" and substitute
"have occurred or are presently".
(2) In SECTION 6 of the bill, Subsection (a), Section
39.157, Utilities Code (committee printing page 3, line 36), in the
second sentence of the subsection, between "require" and
"reasonable" insert ", to the extend feasible refunds to retail
customers and disgorgement of revenues received as a result of
market power abuses and".
(3) In SECTION 6 of the bill, Subsection (a), Section
39.157, Utilities Code (committee printing page 3, lines 40-42), in
the second sentence of the subsection, strike "by requiring refunds
or disgorgement of revenues received as a result of market power
abuses,".
(4) In SECTION 6 of the bill, Subsection (a), Section
39.157, Utilities Code (committee printing page 3, line 46), after
the period at the end of the second sentence and before "For"
insert:
In lieu of seeking a civil penalty, as authorized by Chapter 15, the
commission may require that a person who has been found by the
commission to have engaged in market power abuse pay equivalent
funds directly to an existing emergency bill payment assistance
program operated by local assistance agencies that are supported by
the Texas Department of Housing and Community Affairs. If the
market monitor issues a report under Section 39.1515 indicating
that market power abuses or other violations of this title have
occurred or are occurring, then the executive director shall
promptly approve or reject the findings of the market monitor and
pursue all appropriate administrative remedies. Upon finding that
market power abuses have occurred and after ordering the
appropriate administrative remedies, the commission shall refer
the matter to the attorney general for further action, including
the imposition of civil penalties, criminal prosecution under
Section 15.030 or for coordinating and assisting in local criminal
prosecution.