Amend CSHB 5 (senate committee report) in SECTION 1 of the bill as follows:
(1)  Strike added Section 403.609(b)(3), Government Code (page 7, lines 43-45), and substitute the following:
(3)  the agreement is a compelling factor in a competitive site selection determination and that, in the absence of the agreement, the applicant would not make the proposed investment in this state.
(2)  In added Section 403.609, Government Code, between Subsections (b) and (c) of the section (page 7, between lines 45 and 46), insert the following appropriately lettered subsection and reletter subsequent subsections of the section and cross-references to those subsections accordingly:
( )  In making the finding required by Subsection (b)(3), the comptroller shall consider factors related to the selection of the proposed site for the project, including the workforce, the regulatory environment, infrastructure, transportation, market conditions, investment alternatives, and any specific incentive information provided by the applicant related to other potential sites.