Amend CSSB 766 (House Committee Printing) as follows:
      (1)  In the recitation to Section 5 of the bill (page 5, line
3), strike "382.0519" and substitute "382.05185, 382.0519,".
      (2)  In Section 5 of the bill, immediately following the
recitation to that section (page 5, between lines 4 and 5), insert
a new Section 382.05185, Health and Safety Code, to read:
      Sec. 382.05185.  PERMIT AMENDMENTS.  (a)  Before work is
begun on the modification of a facility for which a permit has been
issued under Section 382.0518 or on the construction of a facility
at a site where a facility for which a permit has been issued under
Section 382.0518 is located, the person planning the modification
or construction must obtain from the commission:
            (1)  a permit;
            (2)  a permit amendment issued under this section; or
            (3)  an exemption adopted under Section 382.057.
      (b)  An applicant for a permit amendment under this section
shall provide notice of the application under Section 382.056.
This subsection does not apply to an application if the emissions
at the site on which the facility is or is planned to be located
will decrease and not change in character.
      (c)  Within a reasonable time after the commission receives
an application for a permit amendment to authorize a modification
of or the construction of a facility, the commission shall issue
the permit amendment if, from the information available to the
commission, the commission finds:
            (1)  each facility authorized to operate under the
amended permit will use at least the best available control
technology, considering the technical practicability and economic
reasonableness of reducing or eliminating the emissions resulting
from the facility; and
            (2)  no indication that the emissions from the facility
will contravene the intent of this chapter, including the
protection of the public's health and physical property.
      (d)  In considering the permit amendment, the commission
shall consider any adjudicated decision or compliance proceeding
within the five years before the date on which the application was
filed that addressed the applicant's past performance and
compliance with the laws of the state, another state, or the United
States governing air contaminants, or with the terms of any permit
or order issued by the commission.
      (3)  Between Sections 8 and 9 of the bill (page 15, between
lines 25 and 26), insert a new Section 9 to read as follows:
      SECTION 1.  Section 382.0518(h), Health and Safety Code, is
repealed.
      (4)  Renumber the subsequent sections of the bill
appropriately.