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H.C.R. No. 88
HOUSE CONCURRENT RESOLUTION
WHEREAS, The Supreme Court of Texas has rulemaking authority
in matters of practice and procedure in civil actions; and
WHEREAS, The Court of Criminal Appeals of Texas has
rulemaking authority in matters of post-trial, appellate, and
review procedure in criminal cases; and
WHEREAS, Certain counties in this state lie within the
jurisdiction of more than one court of appeals district and
appellate proceedings involving cases filed in courts within such
counties may be filed in or assigned to one of a number of courts of
appeals; and
WHEREAS, Cases pending in a court of appeals are on occasion
transferred to another court of appeals for docket equalization;
now, therefore, be it
RESOLVED, That the 79th Legislature of the State of Texas
hereby urge the Supreme Court of Texas and the Court of Criminal
Appeals of Texas to adopt rules providing for the random assignment
of cases pending in or appealed from counties lying within the
jurisdiction of more than one court of appeals district to a court
of appeals for appellate proceedings; and, be it further
RESOLVED, That the 79th Legislature of the State of Texas
hereby urge the Supreme Court of Texas to adopt rules for
determining which court of appeals' precedent will be applied in
cases that are transferred from one court of appeals to another
court of appeals if there is a conflict between the precedent of the
two courts of appeals; and, be it further
RESOLVED, That the secretary of state forward an official
copy of this resolution to the chief justice of the Supreme Court of
Texas and to the presiding judge of the Court of Criminal Appeals of
Texas.
Crabb
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.C.R. No. 88 was adopted by the House on April
18, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.C.R. No. 88 was adopted by the Senate on May
25, 2005, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor