Amend CSHB 5 by striking all of SECTION 1 and substituting the 

following:  

	SECTION 1.  (a)  Effective January 1, 2007, Section 

154.021(b), Tax Code, is amended to read as follows:



	(b)  The tax rates are:                                                      

		(1)  $58.00 ($70.50) per thousand on cigarettes 

weighing three pounds or less per thousand; and

		(2)  the rate provided by Subdivision (1) plus $2.10 

per thousand on cigarettes weighing more than three pounds per 

thousand.

	(b)  Effective September 1, 2007, Section 154.021(b), Tax 

Code, is amended to read as follows:

	(b)  The tax rates are:                                                        

		(1)  $70.50 per thousand on cigarettes weighing three 

pounds or less per thousand; and

		(2)  the rate provided by Subdivision (1) plus $2.10 

per thousand on cigarettes weighing more than three pounds per 

thousand.