Amend Floor Amendment No. 1 to CSHB 801 as follows:
      (1)  In SECTION 2 of the bill, Section 5.556 of the Water
Code (Committee Printing page 3, line 56), add a new Subsection (g)
to read as follows:
      "(g)  Notwithstanding other provisions of this chapter, the
commission shall hold a hearing on a permit amendment,
modification, or renewal if the executive director determines that
the applicant operates any facility for which the applicant's
compliance history contains violations constituting a recurring
pattern of egregious conduct which demonstrates a consistent
disregard for the regulatory process, including the failure to make
a timely and substantial attempt to correct the violations.  Upon
finding such conduct, the commission shall deny the permit,
amendment, modification or renewal."
      (2)  In SECTION 16 of the bill, Section 382.056 of the Health
& Safety Code (Committee Printing page 12, lines 34-42), strike
subsection (o) and substitute the following:
      "(o)<(c)>  Notwithstanding other provisions of this chapter,
the commission shall <may> hold a hearing on a permit amendment,
modification, or renewal if the executive director <board>
determines that the applicant operates any <application involves a>
facility for which the applicant's compliance history contains
violations constituting <which are unresolved and which constitute>
a recurring pattern of egregious conduct which demonstrates a
consistent disregard for the regulatory process, including the
failure to make a timely and substantial attempt to correct the
violations.  Upon finding such conduct, the commission shall deny
the permit, amendment, modification or renewal."