Amend CSHB 3536 (house committee printing) by striking SECTION 2 (page 13, lines 10-17) and substituting the following:

SECTION 2.  Section 155.0211(b), Tax Code, is amended to read as follows:

(b)  Except as provided by Subsection (c), the tax rate for:

(1)  each can or package of a tobacco product other than cigars, chewing tobacco, or smoking tobacco is $1.22 per ounce and a proportionate rate on all fractional parts of an ounce; and

(2)  chewing tobacco or smoking tobacco is 80 cents per ounce and a proportionate rate on all fractional parts of an ounce.