By:  Uresti                                                       H.B. No. 194


A BILL TO BE ENTITLED
AN ACT
relating to an increase in the cigarette tax and to the use of that increase for certain health and human services programs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 154.021(b), Tax Code, is amended to read as follows: (b) The tax rates are: (1) $70.50 [$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 2. 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) of the next $26 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $26 per 1,000 cigarettes of the tax received for cigarettes weighing more than three pounds per thousand [this section] is allocated to the general revenue fund. (c) The revenue remaining after the deductions for the purposes provided by Section 154.602 and allocation under Subsections (a) and (b) shall be deposited as follows: (1) the next $2 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $5 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 tobacco cessation account in the general revenue fund and may be appropriated only to the Texas Department of State Health Services for programs to reduce the use of cigarettes and tobacco products by children in this state; (2) the next $2.50 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $2.50 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 children's health care account in the general revenue fund and may be appropriated only to the Texas Department of State Health Services to provide immunizations for children and newborn hearing and screening services; (3) the next $1.50 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $1.50 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 Texas Department of State Health Services and Texas Department of Aging and Disability Services accounts in the general revenue fund and may be appropriated only to the Texas Department of State Health Services and Texas Department of Aging and Disability Services to provide community mental health and mental retardation services for children and respite care for children with developmental delay; (4) the next $1.50 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $1.50 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 Texas Commission on Alcohol and Drug Abuse account in the general revenue fund and may be appropriated only to the Texas Commission on Alcohol and Drug Abuse to provide youth treatment prevention services and rehabilitative services for children; (5) the next $10 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $10 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 Texas Department of Family and Protective Services account in the general revenue fund and may be appropriated only to the Texas Department of Family and Protective Services to fund the entire exceptional items list for fiscal year 2006-07; (6) the next $3 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $3 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 Texas Department of Family and Protective Services account in the general revenue fund and may be appropriated only to the Texas Department of Family and Protective Services to fund new investigative workers and new prevention and intervention services; (7) the next $12.50 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $12.50 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 Texas Health and Human Services Commission account in the general revenue fund and may be appropriated only to the Texas Health and Human Services Commission to restore Medicaid adult services for mental health, podiatry, hearing aids and eyeglasses, restore Medicaid rates, restore 5% base reduction, maintain Children's Health Insurance Program caseload growth, Children's Health Insurance Program cost growth and restore rates, and restore Children's Health Insurance Program benefits; (8) the next $2.50 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $2.50 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 Texas Department of Aging and Disability Services account in the general revenue fund and may be appropriated only to the Texas Department of Aging and Disability Services to restore the five percent base reduction, restore rates to 2003 levels, and transfer/fund a guardianship program from the Texas Department of Family and Protective Services; (9) the next $5 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $5 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 Texas Department of State Health Services account in the general revenue fund and may be appropriated only to the Texas Department of State Health Services to restore five percent base reduction and to restore general revenue for substance abuse to 2003 levels; (10) the remaining $2 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or less per thousand and the next $2 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 Texas Health and Human Services Commission account in the general revenue fund and may be appropriated only to the Texas Health and Human Services Commission to partially restore medically needy Medicaid Program. SECTION 3. This Act takes effect September 1, 2005.