By:  Armbrister                                        S.R. No. 931

                                  SENATE RESOLUTION

 1-1           BE IT RESOLVED by the Senate of the State of Texas, 75th

 1-2     Legislature, Regular Session, 1997, That Senate Rule 12.03 be

 1-3     suspended in part as provided by Senate Rule 12.08 to enable the

 1-4     conference committee appointed to resolve the differences on Senate

 1-5     Bill No. 228 to consider and take action on the following matters:

 1-6           (1)  Senate Rule 12.03(4) is suspended to permit the

 1-7     committee to add a new Subsection (h) to Section 32.23 in SECTION 2

 1-8     of the bill to read as follows:

 1-9           (h)  It is a defense to prosecution under Subsection (b) that

1-10     the actor was a provider of advertising services who:

1-11                 (1)  accepted from a person acquiring the services

1-12     advertising copy or artwork containing a depiction of a counterfeit

1-13     mark; and

1-14                 (2)  had no reasonable basis to believe the mark was

1-15     counterfeit.

1-16           Explanation:  This change is necessary to provide a defense

1-17     to prosecution and ensure that persons engaging in legitimate

1-18     advertising activities are not punished under the law.

1-19           (2)  Senate Rule 12.03(4) is suspended to permit the

1-20     committee in SECTION 2 of the bill to redesignate the existing text

1-21     in Subdivision (3), Subsection (a), Section 32.23, as Paragraph

1-22     (A), Subdivision (3), Subsection (a), Section 32.23, and to add a

1-23     new Section 32.23(a)(3)(B) to read as follows:

 2-1                       (B)  an identification mark that is borne on or

 2-2     that identifies an aircraft, aircraft part, motor vehicle, or motor

 2-3     vehicle part, regardless of whether the mark is registered."

 2-4           Explanation:  This change is necessary to properly describe

 2-5     the types of identification marks for which protection against

 2-6     counterfeiting is provided in the Act.

 2-7                                  ______________________________________

 2-8                                          President of the Senate

 2-9                                       I hereby certify that the above

2-10                                  Resolution was adopted by the Senate

2-11                                  on May 30, 1997, by the following

2-12                                  vote:  Yeas 31, Nays 0.

2-13                                  ______________________________________

2-14                                          Secretary of the Senate