BILL ANALYSIS H.B. 1731 By: Siebert 3-28-95 Committee Report (Unamended) BACKGROUND The United States Olympic Committee (USOC) utilizes its trademarked symbols in order to facilitate funding to benefit our Olympic athletes. This is of utmost importance since the USOC receives no federal or state dollars. Prosecutors have had some difficulty in prosecuting those in violation of the federal trademark statutes and have found state statutes will be much easier to prosecute. PURPOSE H.B. 1731 would prohibit a person or company from using any sign or symbol relating to the Olympics with intent to gain financially from the act without the consent from the United States Olympic Committee. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS Section 1. Amends Chapter 16C, Business & Commerce Code, by adding Section 16.30, as follows: Sec. 16.30. OLYMPIC SYMBOLS. (a) Prohibits a person from using certain symbols, emblems, trademarks or trade names, or the words "Olympic,""Olympiad,""Citius Altius Fortius," or any combination without the permission of the United States Olympic Committee, for the purpose of trade, to induce the sale of goods or services, or to promote a theatrical exhibition, athletic performance, or competition. (b) Provides that upon violation of Subsection (a), the United States Olympic Committee is entitled to the remedies available to a registrant on infringement of a mark registered under this chapter. Section 2. Violation Clause. Section 3. Effective date of the Act: September 1, 1995. Section 4. Emergency Clause. SUMMARY OF COMMITTEE ACTION H.B. 1731 was considered by the Business and Industry Committee in a public hearing on March 21, 1995. No testimony was received. The bill was left pending. The bill was reconsidered in a public hearing on March 28, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 9 (nine) ayes, 0 (zero) nays, 0 (zero) present-not-voting, 0 (zero) absent.