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)".