Amend SB 1416 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the remaining SECTIONS of the bill accordingly:

SECTION ____.  Sections 38.04(b) and (c), Penal Code, are amended to read as follows:

(b)  An offense under this section is a Class A 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:

(A)  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; or

(B)  another suffers serious bodily injury as a direct result of the actor's use of a tire deflation device while the actor is in flight.

(c)  In this section:

(1)  "Vehicle" [, "vehicle"] has the meaning assigned by Section 541.201, Transportation Code.

SECTION ____.  Section 38.04, Penal Code, as amended 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 governed by the law in effect on the date 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 occurred before that date.