Amend HB 3459, on third reading on page 3, between lines 15 and 16, by adding a new SECTION 4 to read as follows and appropriately renumbering subsequent sections of the bill: "SECTION 4. Section 7(d), Texas Environmental, Health and Safety Audit Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes), is amended to read as follows: (d) A person claiming the privilege is subject to sanctions as provided by Rule 215 of the Texas Rules of Civil Procedures or to a fine not to exceed $10,000 if the court finds, consistent with fundamental due process, that the person intentionally or knowingly claimed the privilege for unprotected information as provided in Section 8 of this Act."