Amend HB 3960 as follows:
(1) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS accordingly:
SECTION ____. Section 27.051(e), Water Code, as amended by
Chapters 347, 965, and 1161, Acts of the 77th Legislature, Regular
Session, 2001, is reenacted and amended to read as follows:
(e) The [Consistent with Sections 5.753 and 5.754 and rules
adopted and procedures developed under those sections, The]
commission shall establish a procedure for the preparation of
comprehensive summaries of the applicant's compliance history,
including the compliance history of any corporation or business
entity managed, owned, or otherwise closely related to the
applicant. A compliance summary must include as evidence of
compliance information regarding the applicant's implementation of
an environmental management system at the facility for which an
authorization is sought. The summaries shall be made available to
the applicant and any interested person after the commission has
completed its technical review of the permit application and prior
to the promulgation of the public notice relating to the issuance of
the permit. Evidence of compliance or noncompliance by an
applicant for an injection well permit with environmental statutes
and the rules adopted or orders or permits issued by the commission
may be offered by any party at a hearing on the applicant's
application and admitted into evidence subject to applicable rules
of evidence. [In accordance with this subsection and Sections
5.753 and 5.754 and rules adopted and procedures developed under
those sections, evidence of the compliance history of an applicant
for an injection well may be offered at a hearing on the application
and may be admitted into evidence, subject to the rules of
evidence.] Evidence of the compliance history of an applicant for
an injection well permit may be offered by the executive director at
a hearing on the application and admitted into evidence subject to
the rules of evidence. All evidence admitted, including compliance
history, shall be considered by the commission in determining
whether to issue, amend, extend or renew a permit. If the
commission concludes that the applicant's compliance history is
unacceptable, the commission shall deny the permit. In this
subsection, "environmental management system" has the meaning
assigned by Section 5.127.
(2) On page 13, line 15, strike "Sections 27.051(e) and (h)"
and substitute "Section 27.051(h)".