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Amend CSHB 5 (Senate committee printing) by adding the 

following appropriately numbered SECTION to the bill and 

renumbering subsequent SECTIONS of the bill accordingly:

	SECTION ____.  (a)  Subchapter J, Chapter 154, Tax Code, is 

amended by adding Section 154.6035 to read as follows:

	Sec. 154.6035.  ALLOCATION OF CERTAIN REVENUE.  (a)  

Notwithstanding Section 154.603, five percent of the proceeds from 

the collection of taxes imposed by this chapter attributable to the 

portion of the tax rate in excess of $20.50 per thousand on 

cigarettes, regardless of weight, shall be deposited to the credit 

of the smoking cessation and prevention account in the general 

revenue fund and may be appropriated only to the Texas Cancer 

Council for smoking cessation and prevention programs.

	(b)  Notwithstanding Section 154.603, 50 percent of the 

proceeds from the collection of taxes imposed by this chapter 

attributable to the portion of the tax rate in excess of $20.50 per 

thousand on cigarettes, regardless of weight, shall be deposited to 

the credit of a special account in the general revenue fund and may 

be appropriated only for a purpose that will result in a reduction 

of school district maintenance and operations tax rates to rates 

that are less than the rates in effect on January 1, 2006.

	(c)  Notwithstanding Section 154.603, 45 percent of the 

proceeds from the collection of taxes imposed by this chapter 

attributable to the portion of the tax rate in excess of $20.50 per 

thousand on cigarettes, regardless of weight, shall be deposited to 

the credit of a special account in the general revenue fund and may 

be appropriated only to provide additional funding for health care 

programs.

	(b)  Subchapter H, Chapter 155, Tax Code, is amended by 

adding Section 155.2415 to read as follows:

	Sec. 155.2415.  ALLOCATION OF CERTAIN REVENUE.  (a)  

Notwithstanding Section 155.241, five percent of the proceeds from 

the collection of taxes imposed by Section 155.0211 attributable to 

the portion of the tax rate in excess of 35.213 percent of the 

manufacturer's list price, exclusive of any trade discount, special 

discount, or deal, shall be deposited to the credit of the smoking 

cessation and prevention account in the general revenue fund.  

Money in the account may be appropriated only to the Texas Cancer 

Council for smoking cessation and prevention programs.

	(b)  Notwithstanding Section 155.241, 50 percent of the 

proceeds from the collection of taxes imposed by Section 155.0211 

attributable to the portion of the tax rate in excess of 35.213 

percent of the manufacturer's list price, exclusive of any trade 

discount, special discount, or deal, shall be deposited to the 

credit of a special account in the general revenue fund and may be 

appropriated only for a purpose that will result in a reduction of 

school district maintenance and operations tax rates to rates that 

are less than the rates in effect on January 1, 2006.

	(c)  Notwithstanding Section 155.241, 45 percent of the 

proceeds from the collection of taxes imposed by Section 155.0211 

attributable to the portion of the tax rate in excess of 35.213 

percent of the manufacturer's list price, exclusive of any trade 

discount, special discount, or deal, shall be deposited to the 

credit of a special account in the general revenue fund and may be 

appropriated only to provide additional funding for health care 

programs.

	(c)  Notwithstanding H.B. No. 2, Acts of the 79th 

Legislature, 3rd Called Session, 2006, to the extent of a conflict 

between a provision of this section and a provision of any other Act 

of the 79th Legislature, 3rd Called Session, 2006, including H.B. 

No. 2, the provision of this section prevails, regardless of 

relative dates of enactment.