Amend CSHB 221 (2nd Printing) by adding the appropriately 
numbered sections to read as follows and renumber the subsequent 
sections accordingly.
	SECTION ____. Section 38.04(b), Penal Code, is amended to 
read as follows:   
	(b) An offense under this section is a Class A [B] 
misdemeanor, except that the offense is:
		(1) a state jail felony if:                                            
			(A) the actor has been previously convicted under 
this section; or  
			(B) the actor uses a vehicle while the actor is in 
flight and the actor has not been previously convicted under this 
section;
		(2) a felony of the third degree if:                                          
			(A) the actor uses a vehicle while the actor is in 
flight and the actor has been previously convicted under this 
section; or
			(B) another suffers serious bodily injury as a 
direct result of an attempt by the officer from whom the actor is 
fleeing to apprehend the actor while the actor is in flight; or
		(3) a felony of the second degree if another suffers 
death as a direct result of an attempt by the officer from whom the 
actor is fleeing to apprehend the actor while the actor is in 
flight.
	SECTION ____. The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.