Amend CSHB 3309 by inserting the following appropriately 
numbered SECTIONS and re-numbering the subsequent SECTIONS 
accordingly:
	SECTION ____.  Section 37.051, Utilities Code, is amended by 
amending Subsection (a) and adding Subsections (d), (e), and (f) to 
read as follows:
	(a)  An electric utility or other person may not directly or 
indirectly provide service to the public under a franchise or 
permit unless the utility or other person first obtains from the 
commission a certificate that states that the public convenience 
and necessity requires or will require the installation, operation, 
or extension of the service.
	(d)  A certificate may be granted t an electric utility or 
other person under this section for a facility used as part of the 
transmission system serving the ERCOT power region solely for the 
transmission of electricity.
	(e)  The commission may consider an application filed by a 
person not currently certificated as an electric utility for a 
certificate of convenience and necessity to construct transmission 
capacity that serves the ERCOT power region.  Before granting a 
certificate under this section, the commission must find, after 
notice and hearing, that:
		(1)  the applicant has the technical ability, financial 
ability, and sufficient resources in this state to own, operate, 
and maintain reliable transmission facilities;
		(2)  the applicant has the resources and ability to 
comply with commission rules, requirements of the independent 
organization certified under Section 39.151 for the ERCOT  power 
region, and requirements of the National Electric reliability 
Council applicable to the provisions of transmission service; and 
		(3)  for an application filed by a person that is not an 
electric utility, granting the application will not adversely 
affect wholesale transmission rates, as compared to the rates 
projected to be charged if an existing electric utility were to 
build the transmission facility.
	(f)  The commission shall consider the requirements of 
Subsection (e) to have been met by an electric utility or other 
person that:
		(1)  is selected by the commission as a transmission 
provider under a plan adopted by the commission under Section 
39.904 not later than September 1, 2009; and
		(2)  before the certificate is issued, provides to the 
commission a detailed plan regarding the offices, personnel, and 
other resources the electric utility or other person will have in 
this state to ensure provision of continuous and adequate 
transmission service.
	SECTION ____.  Subsection (a), Section 37.053, Utilities 
Code, is amended to read as follows:
	(a)  An electric utility or other person that wants to obtain 
or amend a certificate must submit an application to the 
commission.
	SECTION ____.  Sections 37.055, 37.057, and 37.151, 
Utilities Code, are amended to read as follows:
	Sec. 37.055.  REQUEST FOR PRELIMINARY ORDER.  (a)  An 
electric utility or other person that wants to exercise a right or 
privilege under a franchise or permit that the utility or other 
person anticipates obtaining but has not been granted may apply to 
the commission for a preliminary order under this section.
	(b)  The commission may issue a preliminary order declaring 
that the commission, on application and under commission rules, 
will grant the requested certificate on terms the commission 
designates, after the electric utility or other person obtains the 
franchise or permit.
	(c)  The commission shall grant the certificate on 
presentation of evidence satisfactory to the commission that the 
electric utility or other person has obtained the franchise or 
permit.
	Sec. 37.057.  DEADLINE FOR APPLICATION FOR NEW TRANSMISSION 
FACILITY.  The commission may grant a certificate for a new 
transmission facility to a qualified applicant that meets the 
requirements of this subchapter.  The commission must approve or 
deny an application for a certificate for a new transmission 
facility not later than the first anniversary of the date the 
application is filed.  If the commission does not approve or deny 
the application on or before that date, a party may seek a writ of 
mandamus in a district court of Travis County to compel the 
commission to decide on the application.
	Sec. 37.151.  PROVISION OF SERVICE.  Except as provided by 
this section, Section 37.152, and Section 37.153, a certificate 
holder, other than those granted a certificate under Section 
37.051(d), shall:
		(1)  serve every consumer in the utility's certificated 
area; and           
		(2)  provide continuous and adequate service in that 
area.