Amend CSHB 3459, on page 6, between lines 12 and 13, by
adding a new SECTION 5 to the bill to read as follows and
appropriately renumbering subsequent sections of the bill:
      SECTION 5.  The Texas Enviromental, Health, and Safety Audit
Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) is
amended by adding Section 9A to read as follows:
      Sec. 9A. FALSE CLAIM OF PRIVILEGE:  CIVIL AND CRIMINAL
PENALTIES. (a) A person who claims the privilege for unprotected
information as described by Section 8 of this Act is subject to a
civil penalty of not less than $500 or more than $25,000 for each
violation.
      (b)  A person commits an offense if the person claims the
privilege for information the person knows to be unprotected
information as described by Section 8 of this Act. An offense under
this subsection is a Class B misdemeanor. A subsequent offense
under this subsection is a felony of the third degree.