Amend HB 1079 (house committee report) as follows:

(1)  On page 1, line 6, strike "Section 27.0513(d), Water Code, is" and substitute "Sections 27.0513(a), (c), (d), (e), and (f), Water Code, are".

(2)  On page 1, strike lines 8 through 24 and substitute the following:

(a)  The commission may issue a permit pursuant to Section 27.011 that authorizes the construction and operation of two or more similar injection wells within a specified area for mining of uranium. An application for a new permit issued pursuant to Section 27.011, a major amendment of such a permit, or a renewal of such a permit for mining of uranium is subject to the public notice requirements and opportunity for contested case hearing provided under Section 27.018. A new, amended, or renewal area permit must incorporate a table of pre-mining low and high values representing the range of groundwater quality within the area of review, as provided by commission rule, for each water quality parameter used to measure groundwater restoration in a commission-required restoration table. The values in the area permit range table must be established from all available wells within the area of review, including those in the existing or proposed area permit boundary and existing or proposed production area. Wells used for this purpose are limited to those that have documented completion depths and screened intervals that correspond to a uranium production zone aquifer identified within an area permit boundary.

(c)  The commission may issue a holder of a permit issued pursuant to Section 27.011 for mining of uranium an authorization that allows the permit holder to conduct mining and restoration activities in production zones within the boundary established in the permit. The commission by rule shall establish application requirements, technical requirements, including the methods for determining restoration table values, and procedural requirements for any authorization. If a restoration table value for a proposed authorization exceeds the range listed in the area permit range table, such that it falls above the upper limit of the range, the value within the area permit range table must be used or a major amendment to the area permit range table must be made, subject to a contested case hearing or the hearing requirements of Chapter 2001, Government Code.

(d)  Notwithstanding Sections 5.551, 5.556, 27.011, and 27.018, an application for an authorization [submitted after September 1, 2007,] is an uncontested matter not subject to a contested case hearing or the hearing requirements of Chapter 2001, Government Code, if:

(3)  the authorization is located within a permit that incorporates groundwater monitoring characteristics of the monitoring wells for the application required by commission rule [unless the authorization seeks any of the following:

[(1)     an amendment to a restoration table value;

[(2)     the initial establishment of monitoring wells for any area covered by the authorization, including the location, number, depth, spacing, and design of the monitoring wells, unless the executive director uses the recommendation of an independent third-party expert chosen by the commission; or

[(3)     an amendment to the type or amount of bond required for groundwater restoration or by Section 27.073 to assure that there are sufficient funds available to the state for groundwater restoration or the plugging of abandoned wells in the area by a third-party contractor].

(e)  The range of restoration values in the range table used for Subsection (d) must be established from all available well sample data collected in the area of review [The executive director may use an independent third-party expert if:

[(1)     the expert meets the qualifications set by commission rules for such experts;

[(2)     the applicant for the authorization agrees to pay the costs for the work of the expert; and

[(3)     the applicant for the authorization is not involved in the selection of the expert or the direction of the work of the expert].

(f)  As an alternative to Subsection (d), the first application for an authorization issued under Subsection (c) located within a permit issued under Subsection (a) is subject to the requirements of Chapter 2001, Government Code, relating to opportunities for contested case hearings. The first application must contain the provisions listed in Subsections (d)(1)-(3). If a first authorization has previously been issued within a permit, that authorization is effective for the purposes of this subsection. A subsequent application for an authorization located within the same permit boundary is not subject to a contested case hearing or the hearing requirements of Chapter 2001, Government Code, unless the subsequent application would authorize the following:

(3)  application monitoring well locations that exceed well spacing requirements or reduce the number of wells required by commission rule [An application seeking approval under Subsections (d)(1)-(3) is subject to the public notice and contested hearing requirements provided in Section 27.018].

(3)  On page 2, lines 1 and 2, strike SECTION 2 of the bill and renumber the subsequent SECTIONS of the bill accordingly.

(4)  On page 2, line 4, between "authorization" and "that is", insert "or a new, amended, or renewal permit".

(5)  On page 2, line 6, strike "for an authorization".