Amend SB 709 on page 5 by striking lines 9-15 and substituting the following:

SECTION 4.  (a)  The changes in law made by this Act apply only to:

(1)  a permit application that is filed with the Texas Commission on Environmental Quality on or after the effective date of this Act; or

(2)  a judicial proceeding initiated on or after the effective date of this Act that challenges an act or decision of the Texas Commission on Environmental Quality made during a permit proceeding.

(b)  A permit application filed or a judicial proceeding initiated before the effective date of this Act is governed by the law in effect when the permit application was filed or the judicial proceeding was initiated, and the former law is continued in effect for that purpose.

(c)  Not later than January 1, 2016, the Texas Commission on