Amend HB 3459 on 3rd reading by striking Section 6(d) of the
Texas Environmental, Health, and Safety Audit Privilege Act
(Article 4447cc, Vernon's Texas Civil Statutes), as amended by the
bill, and substituting the following:
      (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.