HBA-ATS S.B. 571 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 571 By: Shapiro Business & Industry 4/6/1999 Engrossed BACKGROUND AND PURPOSE In two suits recently filed under Section 16.24, Business & Commerce Code, third parties have sought the cancellation of the secretary of state's decision to register a trademark or service mark (mark). Section 16.24 authorizes the review in one of the Travis County district courts of any final action taken or a final decision made by the secretary of state under Chapter 16. It is the secretary's position that Section 16.24 does not require the secretary to be a necessary party in a suit seeking cancellation of a registered mark because Section 16.25 provides a specific judicial remedy by authorizing a person to sue to cancel the registration of a mark. S.B. 571 limits the applicability of Section 16.24 by authorizing an applicant or registrant of a trademark to sue in one of the Travis County district courts for review of the secretary of state's final action refusing to register a mark under Section 16.109 (Denial of Registration) or to renew a mark under Section 16.14 (Renewal of Registration and Reregistration), rather than authorizing the judicial review of all final actions or final decisions made by the secretary of state under Chapter 16. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 16.24(a), Business & Commerce Code, to limit the applicability of this section. Authorizes an applicant or registrant of a trademark to file suit in one of the Travis County district courts for review of the secretary of state's final action refusing to register a mark under Section 16.109 (Denial of Registration) or to renew a mark under Section 16.14 (Renewal of Registration and Reregistration), rather than authorizing the judicial review of all final actions or final decisions made by the secretary of state under this chapter. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.