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 Section 382.0518(h), Health and Safety Code, is repealed.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