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.