By:  Duncan                                                     S.C.R. No. 7  
	(In the Senate - Filed February 25, 2005; March 2, 2005, 
read first time and referred to Committee on Jurisprudence; 
March 29, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 5, Nays 0; March 29, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.C.R. No. 7                                    By:  Duncan


SENATE 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 how 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.



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