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.