Amend CSSB 1863 (House committee printing) as follows:
(1) Strike SECTION 6.01 of the bill (page 26, line 26,
through page 27, line 11).
(2) Insert the following SECTIONS in ARTICLE 6 of the bill,
appropriately numbered, and renumber subsequent SECTIONS
accordingly:
SECTION ___. Subdivision (4), Section 62.002, Health and
Safety Code, is amended to read as follows:
(4) "Net [Gross] family income" means the [total]
amount of income established for a family after reduction for
offsets for expenses such as child care and work-related expenses,
in accordance with standards applicable under the Medicaid [without
consideration of any reduction for offsets that may be available to
the family under any other] program.
SECTION ____. Subsection (b), Section 62.101, Health and
Safety Code, is amended to read as follows:
(b) The commission shall establish income eligibility
levels consistent with Title XXI, Social Security Act (42 U.S.C.
Section 1397aa et seq.), as amended, and any other applicable law or
regulations, and subject to the availability of appropriated money,
so that a child who is younger than 19 years of age and whose net
[gross] family income is at or below 200 percent of the federal
poverty level is eligible for health benefits coverage under the
program. [In addition, the commission may establish eligibility
standards regarding the amount and types of allowable assets for a
family whose gross family income is above 150 percent of the federal
poverty level.]
SECTION ____. Section 62.102, Health and Safety Code, is
amended to read as follows:
Sec. 62.102. CONTINUOUS COVERAGE. [(a)] The commission
shall provide that an individual who is determined to be eligible
for coverage under the child health plan remains eligible for those
benefits until the earlier of:
(1) the end of a period, not to exceed 12 months,
following the date of the eligibility determination; or
(2) the individual's 19th birthday.
[(b) The period of continuous eligibility may be established
at an interval of 6 months beginning immediately upon passage of
this Act and ending September 1, 2005, at which time an interval of
12 months of continuous eligibility will be re-established.]
SECTION ____. Subsection (b), Section 62.153, Health and
Safety Code, is amended to read as follows:
(b) Cost-sharing [Subject to Subsection (d), cost-sharing]
provisions adopted under this section shall ensure that families
with higher levels of income are required to pay progressively
higher percentages of the cost of the plan.
SECTION ____. Subsections (a) and (d), Section 62.154,
Health and Safety Code, are amended to read as follows:
(a) To the extent permitted under Title XXI of the Social
Security Act (42 U.S.C. Section 1397aa et seq.), as amended, and any
other applicable law or regulations, the child health plan must
include a waiting period and[. The child health plan] may include
copayments and other provisions intended to discourage:
(1) employers and other persons from electing to
discontinue offering coverage for children under employee or other
group health benefit plans; and
(2) individuals with access to adequate health benefit
plan coverage, other than coverage under the child health plan,
from electing not to obtain or to discontinue that coverage for a
child.
(d) The waiting period required by Subsection (a) must:
(1) extend for a period of 90 days after[:
[(1)] the last date on [first day of the month in] which
the applicant was covered under a health benefits plan; and
(2) apply to a child who was covered by a health
benefits plan at any time during the 90 days before the date of
application for coverage under the child health plan [is enrolled
under the child health plan, if the date of enrollment is on or
before the 15th day of the month; or
[(2) the first day of the month after which the
applicant is enrolled under the child health plan, if the date of
enrollment is after the 15th day of the month].
SECTION ____. Subsection (d), Section 62.153, Health and
Safety Code, is repealed.
(3) Add the following appropriately numbered ARTICLE to the
bill and renumber subsequent ARTICLES of the bill accordingly:
ARTICLE ___. TAX ON TOBACCO PRODUCTS
SECTION _____.01. Subsection (b), Section 154.021, Tax Code,
is amended to read as follows:
(b) The tax rates are:
(1) $25.06 [$20.50] 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.
SECTION ____.02. Section 154.603, Tax Code, is amended to
read as follows:
Sec. 154.603. DISPOSITION OF REVENUE. (a) After the
deductions for the purposes provided by Section 154.602 [of this
code], the revenue remaining of the first $2 of tax received per
1,000 cigarettes for cigarettes weighing three pounds or less per
thousand and the first $4.10 per 1,000 cigarettes of the tax
received for cigarettes weighing more than three pounds per
thousand is allocated:
(1) 18.75 percent to the foundation school fund; and
(2) 81.25 percent to the general revenue fund.
(b) The revenue remaining after the deductions for the
purposes provided by Section 154.602 [of this code] and allocation
under Subsection (a) shall be deposited as follows:
(1) the next $4.56 of tax received per 1,000
cigarettes for cigarettes weighing three pounds or less per
thousand and the next $4.56 per 1,000 cigarettes of the tax received
for cigarettes weighing more than three pounds per thousand shall
be deposited to the credit of the health and human services account
in the general revenue fund and may be appropriated only to the
Health and Human Services Commission or a health and human services
agency, as that term is defined by Section 531.001, Government
Code, for the child health plan program under Chapter 62, Health and
Safety Code; and
(2) the remaining revenue shall be deposited to the
credit of [of this section is allocated to] the general revenue
fund.
SECTION ____.03. Subsection (b), Section 155.021, Tax Code,
is amended to read as follows:
(b) The tax rates are:
(1) 1.22 cents [one cent] per 10 or fraction of 10 on
cigars weighing three pounds or less per thousand;
(2) $9.58 [$7.50] per thousand on cigars that:
(A) weigh more than three pounds per thousand;
and
(B) sell at factory list price, exclusive of any
trade discount, special discount, or deal, for 3.3 cents or less
each;
(3) $14.06 [$11] per thousand on cigars that:
(A) weigh more than three pounds per thousand;
(B) sell at factory list price, exclusive of any
trade discount, special discount, or deal, for more than 3.3 cents
each; and
(C) contain no substantial amount of nontobacco
ingredients; and
(4) $19.17 [$15] per thousand on cigars that:
(A) weigh more than three pounds per thousand;
(B) sell at factory list price, exclusive of any
trade discount, special discount, or deal, for more than 3.3 cents
each; and
(C) contain a substantial amount of nontobacco
ingredients.
SECTION __.04. Subsection (b), Section 155.0211, Tax Code,
is amended to read as follows:
(b) The tax rate for tobacco products other than cigars is
45.003 [35.213] percent of the manufacturer's list price, exclusive
of any trade discount, special discount, or deal.
SECTION __.05. Section 155.241, Tax Code, is amended to read
as follows:
Sec. 155.241. ALLOCATION OF TAX. (a) Revenue collected
under this chapter at the following rates shall be deposited to the
credit of the health and human services account in the general
revenue fund and may be appropriated only to the Health and Human
Services Commission or a health and human services agency, as that
term is defined by Section 531.001, Government Code, for the child
health plan program under Chapter 62, Health and Safety Code:
(1) the revenue from the first .22 cents per 10 or
fraction of 10 on cigars weighing three pounds or less per thousand;
(2) the revenue from the first $2.08 per thousand on
cigars that:
(A) weigh more than three pounds per thousand;
and
(B) sell at factory list price, exclusive of any
trade discount, special discount, or deal, for 3.3 cents or less
each;
(3) the revenue from the first $3.06 per thousand on
cigars that:
(A) weigh more than three pounds per thousand;
(B) sell at factory list price, exclusive of any
trade discount, special discount, or deal, for more than 3.3 cents
each; and
(C) contain no substantial amount of nontobacco
ingredients;
(4) the revenue from the first $4.17 per thousand on
cigars that:
(A) weigh more than three pounds per thousand;
(B) sell at factory list price, exclusive of any
trade discount, special discount, or deal, for more than 3.3 cents
each; and
(C) contain a substantial amount of nontobacco
ingredients; and
(5) the revenue from the tax on tobacco products other
than cigars imposed at the rate of 9.79 percent of the
manufacturer's list price, exclusive of any trade discount, special
discount, or deal.
(b) The revenue remaining after the allocation under
Subsection (a) shall be deposited to the credit of the general
revenue fund.
SECTION __.06. This article takes effect September 1, 2005.