Amend CSSB 265 (Senate committee printing) by striking all below the enacting clause and substituting: SECTION 1. Section 39.101, Utilities Code, is amended by adding Subsections (i), (j), (k), (l), (m), (n), (o), (p), (q), and (r) to read as follows: (i) During the period beginning July 1 and ending September 30 of each year, a retail electric provider or other entity that provides retail electric service may not disconnect or authorize the disconnection of service to a residential customer who: (1) shows that the customer is a low-income electric customer, as defined by Section 39.903(l), and requests, and complies with the terms of, a deferred payment plan described by Subsection (k); (2) shows that the customer is a low-income electric customer, as defined by Section 39.903(l), is at least 65 years of age, and requests, and complies with the terms of, a deferred payment plan described by Subsection (m); or (3) under commission rules, is designated as a critical care residential customer. (j) A retail electric provider or other entity that provides retail electric service shall provide clear notice of the legal protections available under Subsection (i) on or with: (1) each disconnection notice issued to a residential customer during the period described by Subsection (i); and (2) the first invoice issued to a residential customer during the period described by Subsection (i). (k) A retail electric provider or other entity that provides retail electric service, on request, shall offer a residential customer described by Subsection (i)(1) a deferred payment plan that allows the customer to avoid disconnection during the period provided by Subsection (i). The customer is eligible for a plan offered under this subsection if the customer: (1) does not owe an outstanding balance from a deferred payment plan granted in a previous year that allowed the customer to avoid disconnection during a period provided by Subsection (i); (2) pays at least 33 percent of the outstanding balance due; and (3) agrees to pay the remaining balance in equal installments over the next five billing cycles, unless the customer agrees to a lesser number of installments. (l) A customer granted a deferred payment plan under Subsection (k) may continue to avoid disconnection during the period described by Subsection (i) by: (1) paying the additional amounts that become due, including the installment amount due; or (2) paying at least 33 percent of the balance then currently due, including any installment amount due, and agreeing to pay the recalculated remaining balance in equal installments over the next five billing cycles, unless the customer agrees to a lesser number of installments. (m) A retail electric provider or other entity that provides retail electric service, on request, shall offer a residential customer described by Subsection (i)(2) a deferred payment plan that allows the customer to avoid disconnection during the period provided by Subsection (i) without payment of any outstanding balance until after the end of that period. The customer is eligible for a plan offered under this subsection if the customer: (1) does not owe an outstanding balance from a deferred payment plan granted in a previous year that allowed the customer to avoid disconnection during a period provided by Subsection (i); (2) agrees to pay 25 percent of the deferred charges when the first bill issued to the customer after September 30 is due; and (3) agrees to pay the remaining balance in equal installments over the next five billing cycles after the first bill issued to the customer after September 30, unless the customer agrees to a lesser number of installments. (n) A retail electric provider or other entity that provides retail electric service shall allow a residential customer described by Subsection (i)(3) to pay unpaid amounts accumulated during the period provided by Subsection (i) over the next six billing cycles beginning with the first bill issued to the customer after September 30. (o) A retail electric provider or other entity that provides retail electric service may encourage a residential customer described by Subsection (i)(2) or (3) to make a partial payment toward an amount deferred during the period provided by Subsection (i), but the provider shall inform the customer clearly that the customer may not be disconnected for nonpayment before October 1 following that period. (p) The commission by rule shall provide: (1) uniform standards an electric utility shall apply when designating a critical care residential customer for whom an interruption or suspension of electric service will create a dangerous or life-threatening condition; and (2) special protections and procedures an electric utility shall apply when disconnecting a critical care residential customer. (q) For the sole purpose of determining whether customers meet the eligibility standard described by Subsection (k)(1) or (m)(1), the commission may require a retail electric provider or other entity that provides retail electric service to provide to a central database administrator selected by the commission information regarding customers who terminate service with the provider or other entity without complying with a deferred payment plan granted to avoid disconnection of service during a period described by Subsection (i). The information stored in the database may not include information other than the relevant electric service identifier and the customer's service address, telephone number, e-mail address, driver's license number, and social security number. The database administrator may not assess a fee to the commission to develop, operate, or maintain the database. The database administrator must be a consumer reporting agency, as defined by Section 603(f), Fair Credit Reporting Act (15 U.S.C. Section 1681a(f)). The database administrator may not assess a fee to a retail electric provider or other entity that provides retail electric service for providing information required to be entered into the database. The database administrator may assess a fee against a retail electric provider or other entity that provides retail electric service for accessing information in the database. A retail electric provider or other entity that accesses information in the database may use the information obtained from the database only for the purpose of determining whether a customer meets the eligibility standard described by Subsection (k)(1) or (m)(1). (r) The following subsections expire September 1, 2011: (1) this subsection; and (2) Subsections (i), (j), (k), (l), (m), (n), (o), (p), and (q). SECTION 2. Section 12.005, Utilities Code, is amended to read as follows: Sec. 12.005. APPLICATION OF SUNSET ACT. (a) The Public Utility Commission of Texas is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter or by Chapter 39, the commission is abolished and this title expires September 1, 2011. (b) As part of the Sunset Advisory Commission's review under Subsection (a), the Sunset Advisory Commission shall consider separately the commission's activities, rules, and statutory authorizations that affect critical care residential customers in electric service markets subject to retail competition. The Sunset Advisory Commission, in its report to the 82nd Legislature, shall include: (1) information regarding how much debt is incurred by retail electric providers as a result of customer protections for critical care residential customers; (2) an analysis of whether protections in law for critical care residential customers are sufficient; and (3) an analysis of the degree to which: (A) those designated as critical care residential customers are and are not entitled to that designation; and (B) those entitled to a designation as critical care residential customers are not designated as critical care residential customers. SECTION 3. The Public Utility Commission of Texas shall adopt rules to implement Sections 39.101(i), (j), (k), (l), (m), (n), (o), (p), (q), and (r), Utilities Code, as added by this Act, as soon as practicable. SECTION 4. Notwithstanding Sections 39.101(i) and (k), as added by this Act: (1) if this Act takes immediate effect, a deferred payment plan for a residential customer described by Sections 39.101(i)(1)-(3), as added by this Act, is required to apply only for the period beginning August 1, 2009, and ending September 30, 2009; and (2) if this Act takes effect September 1, 2009, a deferred payment plan for a residential customer described by Sections 39.101(i)(1)-(3), as added by this Act, is required to apply only for the annual period described by Section 39.101(i), as added by this Act, beginning with that period in 2010. SECTION 5. Notwithstanding Section 39.101(j), as added by this Act: (1) if this Act takes immediate effect, a retail electric provider or other entity that provides retail electric service is required by that subsection to provide the notices only on and after August 1, 2009; and (2) if this Act takes effect September 1, 2009, a retail electric provider or other entity that provides retail electric service is not required to provide the notices under that subsection in 2009. SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.