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.