Amend HB 86 as follows:
1) Delete line 15 on page 1 and substitute "SECTION 3.
Sections 5.753(a), (b) and (d), Water Code are";
2) On page 2, after line 10, add "(d) For purposes of listing
compliance history or using compliance history in any escalation of
penalties, the commission may not include as a notice of violation
deviations or violations provided by a person to the commission,
such as deviations set forth in Discharge Monitoring Reports or
Title V Deviation Reports, unless the commission issues a written
notice of violation. For purposes of using compliance history in
any escalation of penalties, the commission may not use notices of
violation unless the commission takes subsequent action or the
person is a repeat violator as determined pursuant to Subdivision
(2), Sec. 5.754(c) of this code. If the commission includes notices
of violations in compliance history, the listing shall be preceded
by the following statement prominently displayed: "A notice of
violation represents a written allegation of a violation of a
specific regulatory requirement from the commission to a regulated
entity. A notice of violation is not a final enforcement action nor
proof that a violation has actually occurred." [The set of
components shall include notices of violations.] A notice of
violation administratively determined to be without merit may
[shall] not be included in a compliance history. A notice of
violation that is included in a compliance history shall be removed
from the compliance history if the commission subsequently
determines the notice of violation to be without merit." ; and
3) On page 13, line 14, delete "5.753 (d),".