Amend CSSB 766 (House Committee Report) as follows:
      (1)  Between Sections 8 and 9 of the bill (page 15, between
lines 25 and 26) insert:
      SECTION 9. (a) Section 382.0518(g), Health and Safety Code,
is repealed.
      (b)  The owner or operator of a facility that was exempted
from the permit requirements of Section 382.0518, Health and Safety
Code, by Subsection (g) of that section immediately before
September 1, 2001, may operate the facility on or after that date
only if:
            (1)  the owner or operator of the facility has a permit
application under that section filed before that date and pending
before the Texas Natural Resource Conservation Commission; or
            (2)  the facility is authorized to operate under a
standard permit or permit by rule.
      (c)  The owner or operator of a facility operating under a
pending permit application as provided by Subsection (b) of this
section shall discontinue all operations resulting in the emission
of an air contaminant on the second anniversary of the date the
Texas Natural Resource Conservation Commission determines that the
application is administratively complete unless the commission
grants a permit before the date of the anniversary. If a court
finds that more likely than not the Texas Natural Resource
Conservation commission will fail to make the determination of
whether to grant or deny a permit application described by
Subsection (b) of this section before the date this subsection
would require the owner or deny a permit application described by
Subsection (b) of this subsection would require the owner or
operator of a facility to discontinue operations and that the
commission's failure is not a result of an act or omission of the
owner or operator of the facility, the court may issue:
            (1)  an order of mandamus directing the commission to
make the determination before that date; or
            (2)  an injunction to prevent the commission from
enforcing the requirement that the owner or operator discontinue
operations before the date the commission makes the determination.
      (d)  The Texas Natural Resource Conservation Commission shall
enforce this section as if it were a provision of Chapter 382,
Health and Safety Code.
      (e)  To the extent that this section conflicts with another
law enacted by the 76th Legislature specifically regarding air
contaminant emissions reductions or permitting requirements for
electric generating facilities, the other law prevails over this
section.
      (f)  This section takes effect September 1, 2001.
      (2)  Renumber subsequent sections of the bill accordingly.