Amend CSSB 12 (Senate committee printing) by adding the 
following appropriately numbered article and renumbering the 
subsequent articles of the bill accordingly:

ARTICLE __. PERMITS UNDER CLEAN AIR ACT
	SECTION __.01. Subchapter C, Chapter 382, Health and Safety 
Code, is amended by adding Sections 382.0592 and 382.0593 to read as 
follows:
	Sec. 382.0592.  RESTRICTION ON ISSUANCE OR RENEWAL OF PERMIT 
IF APPLICANT IS NOT IN COMPLIANCE WITH CLEANUP OBLIGATIONS.  (a)  In 
this section, "contaminant" has the meaning assigned by Section 
361.601.
	(b)  Notwithstanding the other provisions of this chapter, 
the commission may not issue or renew a permit under this chapter if 
the applicant has been determined by an order of an agency of the 
federal government, an agency of this state or another state, a 
local government, or a court to not be in compliance with an 
obligation to clean up or remove a contaminant from a site located 
in this state or another state unless the applicant submits:
		(1)  proof that the applicant is making satisfactory 
progress in cleaning up or removing the contaminant from the site as 
determined by the entity with jurisdiction over the cleanup or 
removal; or
		(2)  proof of financial responsibility showing to the 
satisfaction of the commission that the applicant has the ability 
to pay the costs of cleaning up or removing the contaminant from the 
site.
	(c)  The commission shall consult the United States 
Environmental Protection Agency to determine whether an applicant 
is subject to an order described by Subsection (b) pertaining to 
cleaning up or removing a contaminant from a site located in another 
state.
	(d)  An application for the issuance or renewal of a permit 
under this chapter must:

		(1)  disclose any order described by Subsection (b) to 
which the applicant is subject; or
		(2)  state that the applicant is not subject to an order 
described by Subsection (b).
	Sec. 382.0593.  PERMIT DENIAL OR AMENDMENT.  The commission 
may deny or amend a permit, a permit amendment, or a permit renewal 
if the commission finds, after notice and hearing, that:
		(1)  there is good cause to do so for reasons pertaining 
to public health or air pollution;
		(2)  the applicant or permit holder has a compliance 
history that is in the lowest classification under Sections 5.753 
and 5.754, Water Code, and rules adopted and procedures developed 
under those sections;
		(3)  the applicant or permit holder made a false or 
misleading statement in connection with an application submitted to 
the commission or its officers or employees, whether the statement 
is made in the application itself or in a written instrument 
relating to the application; or
		(4)  the applicant or permit holder is indebted to this 
state or a political subdivision of this state for a penalty or a 
delinquent tax or fee.
	SECTION __.02.  Sections 382.0592 and 382.0593, Health and 
Safety Code, as added by this article, apply only to an application 
for a permit, permit amendment, or permit renewal that is filed with 
the Texas Commission on Environmental Quality under Chapter 382, 
Health and Safety Code, on or after the effective date of this 
article.  An application for a permit, permit amendment, or permit 
renewal that is filed with the commission under that chapter before 
the effective date of this article is governed by the law in effect 
on the date the application is filed, and that law is continued in 
effect for that purpose.
	SECTION __.03.  This article takes effect September 1, 2007.