Amend CSSB 1075 (senate committee printing) in SECTION 1 of the bill as follows:
(1) In amended Section 39.918(b)(1), Utilities Code (page 2, line 4), strike "or own".
(2) In amended Section 39.918, Utilities Code (page 2, between lines 21 and 22), insert the following:
(b-2) An affiliate of a transmission and distribution utility:
(1) may own temporary emergency electric energy facilities described by Subsection (b)(1);
(2) may lease to the utility temporary emergency electric energy facilities described by Subsection (b)(1) if the costs of the lease comply with the requirements of Section 36.058;
(3) is not considered to be a power generation company for the purposes of this title or the commission's rules based solely on the ownership of and leasing to the utility temporary emergency electric energy facilities described by Subsection (b)(1);
(4) is considered to be a competitive affiliate for the purposes of this title and the commission's rules if the affiliate engages in the business of owning and leasing to unaffiliated third parties temporary emergency electric energy facilities described by Subsection (b)(1); and
(5) is considered to be a competitive affiliate only for the purposes of Section 36.058 if:
(A) the affiliate engages solely in the business of owning and leasing to the utility temporary emergency electric energy facilities described by Subsection (b)(1); and
(B) the utility demonstrates that the cost of leasing temporary emergency electric energy facilities described by Subsection (b)(1) from the affiliate provides benefits to ratepayers equal to or greater than would have been achieved by leasing the facilities from an unaffiliated third party.
(3) Strike "or owns" in each of the following places:
(A) in amended Section 39.918(g), Utilities Code (page 2, lines 55-56);
(B) in amended Section 39.918(h)(1), Utilities Code (page 2, line 63); and
(C) in added Section 39.918(m), Utilities Code (page 3, line 38).
(4) In amended Section 39.918(h), Utilities Code (page 2, line 64), strike "or owning".
(5) In amended Section 39.918(i), Utilities Code (page 3, line 10), strike "leasing, [or]" and substitute "leasing or".
(6) In amended Section 39.918(j), Utilities Code (page 3, lines 13-14), strike "leasing, [or] procuring, owning, or [and]" and substitute "leasing or procuring, owning, and".
(7) In added Section 39.918(k), Utilities Code (page 3, line 26), strike "considered" and substitute "treated as".
(8) In added Section 39.918(m), Utilities Code (page 3, lines 34-37), strike "The total capacity of facilities a transmission and distribution utility leases or owns and operates under Subsection (b)(1) may not exceed three percent of the utility's historical peak load.".
(9) Strike added Section 39.918(n), Utilities Code (page 4, lines 1-22) and substitute the following:
(n) The commission may:
(1) establish the capacity of facilities that may be operated by a transmission and distribution utility in aid of restoration for each type or category of significant power outage;
(2) establish reasonable conditions on the operation and use of facilities, including duration times and prioritizing use to serve critical infrastructure facilities that serve the public such as hospitals, health care facilities, law enforcement facilities, fire stations, and water or wastewater facilities; and
(3) require compliance with applicable law, including any rule or order of the commission.