82R8593 CJC-D
 
  By: Ellis S.B. No. 1052
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an increase in the cigarette tax to fund the child
  health plan program.
         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)  $120.50 [$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.
         SECTION 2.  Section 154.6035, Tax Code, is amended to read as
  follows:
         Sec. 154.6035.  ALLOCATION OF CERTAIN REVENUE TO PROPERTY
  TAX RELIEF FUND AND CHILDREN'S HEALTH INSURANCE PROGRAM.  (a) 
  Notwithstanding Section 154.603, all 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, but not
  exceeding $70.50 per thousand, regardless of weight, shall be
  deposited to the credit of the property tax relief fund under
  Section 403.109, Government Code.
         (b)  Notwithstanding Section 154.603, all proceeds from the
  collection of taxes attributable to the portion of the tax rate in
  excess of $70.50 per thousand on cigarettes, regardless of weight,
  shall be deposited to the credit of the children's health insurance
  program account in the general revenue fund and may be appropriated
  only to the Health and Human Services Commission for the child
  health plan program under Chapter 62, Health and Safety Code.
         SECTION 3.  This Act takes effect September 1, 2011.