Amend SB 1390 (senate committee report) by striking SECTION 1 of the bill amending Section 161.604(b), Health and Safety Code (page 1, lines 30-42), and substituting the following appropriately numbered SECTION:

SECTION ___.  Section 161.604, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b)  Beginning in January 2014, and in January of each subsequent year, the comptroller shall adjust [compute] the rate of the fee [applicable during that calendar year] by increasing the rate in effect on the date the adjustment is made [for the preceding calendar year] by the greater of:

(1)  three percent; or

(2)  the actual total percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), as published by the Bureau of Labor Statistics of the United States Department of Labor, during the preceding calendar year, calculated by comparing the CPI-U for December of the preceding calendar year with the CPI-U for December a year earlier.