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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.