Amend Floor Amendment No. 1 to CSHB 498 by adding the 
following appropriately numbered SECTIONS to the bill and 
renumbering subsequent SECTIONS of the bill accordingly:
	SECTION ____.  Chapter 11, Code of Criminal Procedure, is 
amended by adding Article 11.073 to read as follows:
	Art. 11.073.  PROCEDURES RELATED TO CERTAIN SCIENTIFIC 
EVIDENCE.  (a)  This article applies to relevant scientific 
evidence that:
		(1)  was not offered by the convicted person at the 
convicted person's trial; or
		(2)  discredits scientific evidence presented by the 
state at trial. 
	(b)  For purposes of Section 4(a)(1), Article 11.07, Section 
5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim 
in a subsequent application could not have been presented 
previously in a timely initial application or in a previously 
considered application if the convicting court determines that the 
claim is based on relevant scientific evidence that was not 
ascertainable through the exercise of reasonable diligence by the 
convicted person before the date of trial.
	(c)  In determining whether relevant scientific evidence was 
not ascertainable through the exercise of reasonable diligence by 
the convicted person before the date of trial, the convicting court 
or, in a proceeding under Article 11.071, the Court of Criminal 
Appeals, shall consider whether the scientific knowledge or 
technique on which the relevant scientific evidence is based has 
changed, in a manner that is material to the person's conviction, in 
the period between the date of the convicted person's trial and the 
date of the subsequent application.
	SECTION ____.  The change in law made by this Act applies 
only to an application for a writ of habeas corpus filed on or after 
the effective date of this Act.  An application for a writ of habeas 
corpus filed before the effective date of this Act is governed by 
the law in effect at the time the application was filed, and the 
former law is continued in effect for that purpose.
	SECTION ____.  This Act takes effect September 1, 2009.