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.