Amend CSHB 394 on page 1, by striking lines 12 through 18, and substituting the following: (k) To encourage the creation, development, and location of small businesses in this state, the governor: (1) shall consider making grants from the fund to recipients that are: (A) small businesses in this state that commit to using the grants to create additional jobs; or (B) small businesses from outside the state that commit to relocate to this state; and (2) may only grant an award to a business other than a small business, if the grant recipient agrees not to pay additional compensation to an executive above the executive's base salary in an amount that exceeds 1 percent of the base salary until the recipient actually creates the jobs the recipient promised to create and maintains those jobs for at least a period of two years beginning on the date the jobs are created.