Floor Packet Page No. 82
      Amend CSHB 2912 on page 66, between lines 3 and 4, by
inserting the following section, numbered appropriately:
      SECTION __. (a)  Section 382.0621(d), Health and Safety Code,
is amended to read as follows:
      (d)  For the state fiscal years ending August 31, 2003, and
August 31, 2004, the fee imposed under this section may not exceed
$20 per ton of each <Except as provided by this section, the
commission may not impose a fee for any amount of emissions of an>
air contaminant regulated under the federal Clean Air Act
Amendments of 1990 (Pub.L. No. 101-549).  For subsequent fiscal
years, the commission by rule shall establish the amount of the fee
as provided by Subsection (b).  The commission may not set a cap on
the amount of the fee or the volume of emissions to  which the fee
applies <in excess of 4,000 tons per year from any source>.  On and
after September 1, 2001, for a facility that is not subject to the
requirement to obtain a permit under Section 382.0518(g) that does
not have a permit application pending, the commission shall:
            (1)  impose a fee under this section for all emissions,
including emissions in excess of 4,000 tons; and
            (2)  treble the amount of the fee imposed for emissions
in excess of 4,000 tons each fiscal year.
      (b)  This section takes effect September 1, 2002.