SECOND AMENDMENT TO THE SUPPLEMENTAL EMPLOYEE RETIREMENT AGREEMENT THIS SECOND AMENDMENT TO THE SUPPLEMENTAL EMPLOYEE RETIREMENT AGREEMENT is effective the 7th day of December, 1998, by and between Public Service Company of New Mexico, a New Mexico corporation ("PNM" or the "Company") and Max Maerki ("Maerki"). WHEREAS, PNM and Maerki entered into a Supplemental Employee Retirement Agreement ("SERP") effective August 4, 1989, and entered into a First Amendment to the SERP on August 10, 1998; WHEREAS, paragraph 9 of the SERP permits it to be amended by mutual consent. WHEREAS, on December 7, 1998, the Compensation and Human Resources Committee of the PNM Board of Directors approved certain benefits upon a Change in Control (as defined in the First Restated and Amended Executive Retention Plan) and authorized certain amendments to affected plans, including this SERP; and WHEREAS, the Company desires to amend this SERP to incorporate the approved Change in Control benefits to provide full and sufficient funding of the Public Service Company of New Mexico and Paragon Resources, Inc. Deferred Compensation Trust Agreement (the "Rabbi Trust") for any obligations or benefits accrued as of the date of the occurrence of a Change in Control. NOW, THEREFORE, PNM and Maerki do hereby amend the SERP by this Second Amendment as follows: ITEM 1. Paragraph 7, No Trust, is hereby amended to add a new last paragraph, as follows: Notwithstanding the above, upon a Change in Control as defined in the First Restated and Amended Executive Retention Plan effective December 7, 1998 and incorporated herein by reference, the Company shall sufficiently fund the Public Service Company of New Mexico and Paragon Resources, Inc. Deferred Compensation Trust Agreement (the "Rabbi Trust") to provide in full for any benefits accrued under this Agreement as of the date of the occurrence of the Change in Control. ITEM 2. Except as herein above amended, PNM and Maerki hereby readopt and redeclare each and every provision of the SERP. IN WITNESS WHEREOF, the parties hereto, personally or by their authorized representatives, have signed this Second Amendment to the SERP effective as of the date specified herein and by execution of this amendment hereby declare that this amendment fully and accurately represents all the supplemental retirement benefits agreed upon by PNM and Maerki. PUBLIC SERVICE COMPANY OF NEW MEXICO Date:_________________ By_________________________________________ BENJAMIN F. MONTOYA President and Chief Executive Officer Date:_________________ _________________________________________ Max H. Maerki 2