Amend HB 3960 by adding the following appropriately numbered 
SECTION to the bill and renumbering the subsequent SECTIONS 
accordingly:
	SECTION ____.  Subchapter C, Chapter 361, Health and Safety 
Code, is amended by adding Section 361.0881 to read as follows:
	Sec. 361.0881.  PERMIT REVIEW.  Subject to subsection (b), 
the commission shall review a permit issued under this chapter for a 
municipal solid waste facility if:
		(1)  the review is requested by:                                       
			(A)  a state legislator representing the area in 
which the facility is located or an area located one mile or less 
from the facility; or
			(B)  the county in which the facility is located 
or a county with territory located one mile or less from the 
facility and the request is made by a resolution of the 
commissioners court of the county; or
		(2)  the executive director finds that the permit 
holder's compliance history for the previous five years contains 
violations that constitute a recurring pattern of conduct 
demonstrating a consistent disregard for the regulatory process, 
including the failure to make a timely and substantial attempt to 
correct the violations.
	(b)  The commission is not required to conduct a review under 
Subsection (a) more than once during a five-year period or within 
five years of the initial issuance of a permit.
	(c)  The commission by rule shall establish a review 
procedure that includes:
		(1)  notice of the review and the opportunity for 
public comment:    
			(A)  on the commission's Internet website; and                        
			(B)  mailed to each person entitled to receive 
notice of a permit application;
		(2)  a review of complaint records regarding the 
facility received in the preceding five years to determine if there 
is a pattern to the complaints, including a determination of:
			(A)  the number of complaints;                                        
			(B)  the number of people lodging complaints; and                     
			(C)  the commission's evaluation of those 
complaints;               
		(3)  consultation with the commission enforcement 
staff in the regional office responsible for overseeing the 
facility;
		(4)  a review of all enforcement actions and notices of 
violation by local and state agencies; and
		(5)  commission staff response to comments and a 
commission decision regarding whether the permit under review 
should be changed as required for permit applications and 
modifications.
	(j)  This section does not apply to a permit:                           
		(1)  for an industrial solid waste facility; or                        
		(2)  issued under Section 361.121.