Amend HB 864 on 3rd reading as follows:                                      

(1)  In the SECTION of the bill amending Section 38.11(a), 	Penal Code, strike added Section 38.11(a)(3) and substitute the 
following:
		(3)  a cellular telephone, cigarette, tobacco product, 
or money to an inmate of a correctional facility operated by or 
under contract with the Texas Department of Criminal Justice.
	(2)  Add an appropriately numbered SECTION to the bill to 
read as follows and renumber existing SECTIONS accordingly:
	SECTION ___.  Section 38.11(f), Penal Code, is amended by 
adding Subdivisions (3) and (4) to read as follows:
		(3)  "Cigarette" has the meaning assigned by Section 
154.001, Tax Code.
		(4)  "Tobacco product" has the meaning assigned by 
Section 155.001, Tax Code.