Amend CSHB 2912 as follows:
      (1)  In SECTION 17.05(a) (Committee Printing page 49, lines
39-42), strike the sentence beginning "The use of compliance
history".
      (2)  In SECTION 17.05(f)(2) (Committee Printing page 50, line
9), strike "and 382.056" and substitute "382.056, 401.110, and
401.112"
      (3)  In SECTION 17.05 (Committee Printing page 50, lines
10-33), strike Subsections (g)-(j) and substitute the following:
      (g)  For the purposes of consideration of compliance history
in decisions by the Texas Natural Resource Conservation Commission
relating to the issuance, amendment, modification, or renewal of a
permit under the sections listed under Subsection (f) of this
section, an application submitted before September 1, 2001, is
governed by the law in effect on the date the application is
submitted, and the former law is continued in effect for that
purpose.
      (h)  The changes made by this Act in the consideration of
compliance history in decisions by the Texas Natural Resource
Conservation Commission relating to inspections and flexible
permitting under Subchapter Q, Chapter 5, Water Code, as added by
this Act apply, effective September 1, 2002, to an action taken by
the Texas Natural Resource Conservation Commission that is subject
to those sections.
      (i)  The changes made by this Act in the definition of
compliance history apply to an action taken by the Texas Natural
Resource Conservation Commission on or after February 1, 2002. An
action taken by the Texas Natural Resource Conservation Commission
before February 1, 2002, is governed by the law in effect on the
date the action is taken, and the former law is continued in effect
for that purpose.
      (j)  The changes made by this Act in the consideration of
compliance history in decisions of the Texas Natural Resource
Conservation Commission relating to the suspension or revocation of
a permit or the imposition of a penalty in a matter under the
jurisdiction of the commission apply only to a proceeding that is
initiated or an action that is brought on or after September 1,
2002. A proceeding that is initiated or an action that is brought
before September 1, 2002, is governed by the law in effect on the
date the proceeding is initiated or action is brought, and the
former law is continued in effect for that purpose.
      (k)  For the period between September 1, 2002, and September
1, 2005, the Texas Natural Resource Conservation Commission by rule
may temporarily modify specific compliance history requirements to
implement the regulatory structure being developed under Subchapter
Q, Chapter 5, Water Code, as added by this Act.  This section does
not authorize the commission to modify existing statutory
requirements relating to the use of compliance history in any
enforcement proceeding.