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),".