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.