Amend CSSB 5, House Committee Report, on page 47, between lines 7 and 8, add a new Section 388.009 to read as follows: Sec. 388.009. EFFECTIVE DATE OF TEXAS BUILDING ENERGY PERFORMANCE STANDARDS. (a) The commission may not adopt rules or implement the provisions of this chapter until: (1) the Texas Emissions Reduction Plan Advisory Board established under Sec. 386.058 determines that the state will receive a verifiable amount of credit toward the state implementation plan from the United States Environmental Protection Agency; and (2) the Texas Emissions Reduction Plan Advisory Board notifies the governor, the lieutenant governor, speaker of the house of representatives and the commission that the state will receive a verifiable amount of credit. (b) The commission may not adopt rules or implement the provisions of this chapter unless the commission determines that the amount credit to be received will outweigh any costs after an analysis the building codes program.