Amend CSHB 1788 (house committee report) as follows:

(1) On page 2, line 23, strike "or".

(2) On page 2, strike lines 24-26 and substitute the following:

(2) an employee of a utility, as defined by Section 203.091, Transportation Code, or a power generation company, as defined by Section 31.002, Utilities Code, and is acting in the course and scope of that employment; or

(3) performing activities related to surface coal mining and reclamation operations as defined by Section 134.004, Natural Resources Code.