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 (a) Section 382.0518(g), Health and Safety Code, is repealed.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.