Amend SB 1265 on third reading by amending Amendment No. 6 by Deshotel, adopted on second reading, by striking item #2 of the amendment and substituting: (2) In added Section 7.203(c), Water Code, on page 2, at the end of line 13, add "If the commission does not make a determination within the 45-day period required by this subsection: (1) the appropriate prosecuting attorney may bring an action for criminal prosecution; and (2) notwithstanding Subsection (e), the commission or the state is not entitled to receive any part of an amount recovered through a prosecution brought by that prosecuting attorney.