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Amend CSHB 1831 (Senate committee printing) in ARTICLE 2 of 
the bill by adding appropriately numbered SECTIONS to read as 
follows and renumbering subsequent SECTIONS appropriately:
	SECTION __.  Subchapter D, Chapter 38, Utilities Code, is 
amended by adding Section 38.073 to read as follows:
	Sec. 38.073.  AUTHORITY OF COMMISSION DURING AN EMERGENCY.  
(a)  On a declaration of a natural disaster or other emergency by 
the governor, the commission may require an electric utility, 
municipally owned utility, electric cooperative, qualifying 
facility, power generation company, exempt wholesale generator, or 
power marketer to sell electricity to an electric utility, 
municipally owned utility, or electric cooperative that is unable 
to supply power to meet customer demand due to the natural disaster 
or other emergency.  Any plant, property, equipment, or other items 
used to receive or deliver electricity under this subsection are 
used and useful in delivering service to the public, and the 
commission shall allow timely recovery for the costs of those 
items.  The commission may order an electric utility, municipally 
owned utility, or electric cooperative to provide interconnection 
service to another electric utility, municipally owned utility, or 
electric cooperative to facilitate a sale of electricity under this 
section.  If the commission does not order the sale of electricity 
during a declared emergency as described by this subsection, the 
commission shall promptly submit to the legislature a report 
describing the reasons why the commission did not make that order.
	(b)  If an entity receives electricity under Subsection (a), 
the receiving entity shall reimburse the supplying entity for the 
actual cost of providing the electricity.  The entity receiving the 
electricity is responsible for any transmission and distribution 
service charges specifically incurred in relation to providing the 
electricity.
	(c)  An entity that pays for electricity received under 
Subsection (b) and that is regulated by the commission may fully 
recover the cost of the electricity in a timely manner by:
		(1)  including the cost in the entity's fuel cost under 
Section 36.203; or
		(2)  notwithstanding Section 36.201, imposing a 
different surcharge. 
	SECTION __.  (a)  Not later than November 1, 2009, the 
Public Utility Commission of Texas shall conduct and complete a 
study to evaluate:
		(1)  the locations in this state that are most likely to 
experience a natural disaster or other emergency;
		(2)  the ability of each entity described by Subsection 
(a), Section 38.073, Utilities Code, as added by this Act, to comply 
with that section in the event of a natural disaster or other 
emergency;
		(3)  any steps an entity described by Subsection (a), 
Section 38.073, Utilities Code, as added by this Act, should take to 
prepare to comply with that section; and
		(4)  the potential for distributed generation, 
including renewable power with battery backup and combined heat and 
power systems, to strengthen reliability of electric service during 
a natural disaster or other emergency.
	(b)  An entity described by Subsection (a), Section 38.073, 
Utilities Code, as added by this Act, shall comply with any order 
issued by the Public Utility Commission of Texas under that 
subsection while the study required by Subsection (a) of this 
section is conducted.
	(c)  The Public Utility Commission of Texas shall prepare a 
report based on the study conducted under Subsection (a) of this 
section.  The report must include any recommendations the 
commission considers advisable in relation to the implementation of 
and compliance with Section 38.073, Utilities Code, as added by 
this Act.  The commission may include the report in the report 
required by Section 31.003, Utilities Code.