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Amend CSHB 28 (house committee report) as follows:
(1)  On page 2, line 14, strike "Subsection (e)" and substitute "Subsections (e) and (h)".
(2)  On page 3, between lines 24 and 25, insert the following:
(h)  Notwithstanding any other provision of this section, the comptroller may adopt adjusted tax rates under this section that apply beginning in a state fiscal biennium only if the Texas Higher Education Coordinating Board certifies to the comptroller that, based on appropriations for that biennium, the average grant amount during that biennium for:
(1)  Toward EXcellence, Access, & Success (TEXAS) grants will at least equal the highest average amount for those grants awarded during any state fiscal biennium, increased by a percentage equal to the percentage change in the Consumer Price Index since the beginning of the state fiscal biennium with the highest average amount for those grants; and
(2)  Texas Educational Opportunity Grant Program grants will at least equal the highest average amount for those grants awarded during any state fiscal biennium, increased by a percentage equal to the percentage change in the Consumer Price Index since the beginning of the state fiscal biennium with the highest average amount for those grants.