By Armbrister S.R. No. 931 75R17223 GWK-D R E S O L U T I O N 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 committee 1-7 to add a new Section 32.23(h) in SECTION 2 of the bill to read as 1-8 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 committee 1-20 in SECTION 2 of the bill to redesignate the existing text in 1-21 Section 32.23(a)(3) as Section 32.23(a)(3)(A) and to add a new 1-22 Section 32.23(a)(3)(B) to read as follows: 1-23 "(B) an identification mark that is borne on or 1-24 that identifies an aircraft, aircraft part, motor vehicle, or motor 2-1 vehicle part, regardless of whether the mark is registered." 2-2 Explanation: This change is necessary to properly describe 2-3 the types of identification marks for which protection against 2-4 counterfeiting is provided in the Act.