Amend CSHB 3459, on page 2, between lines 26 and 27, by
adding a new SECTION 3 to read as follows and appropriately
renumbering subsequent sections of the bill:
      "SECTION 3.  Section 6(d), Texas Environmental, Health, and
Safety Audit Privilege Act (Article 4447cc, Vernon's Texas Civil
Statutes), is amended to read as follows:
      (d)  Information that is disclosed under Subsection (b)(3) of
this section is confidential and is not subject to disclosure under
chapter 552, Government Code. A public entity, public employee, or
public official who discloses information in violation of this
subsection is subject to any penalty provided in Chapter 552,
Government Code. <commits an offense. An offense under this
subsection is a Class B misdemeanor. It is an affirmative defense
to the clerical dissemination of a privileged audit report that the
report was not clearly labeled "COMPLIANCE REPORT PRIVILEGED
DOCUMENT" or words of similar import. The lack of labeling may not
be raised as a defense if the entity, employee, or official knew or
had reason to know that the document was a privileged audit
report.>"