KJG H.B. 506 75(R)BILL ANALYSIS


CIVIL PRACTICES
H.B. 506
By: Dutton
3-6-97
Committee Report (Unamended)



BACKGROUND 

A bill of review is an equitable proceeding designed to obtain an
explanation, alteration, or reversal of a final decree.  The petition for
a bill of review may be the only remedy available to a defendant to set
aside a default judgment where a judgment is final and a timely appeal is
not taken.  However, there are no guidelines in the statutes for a civil
court to follow when implementing a bill of review proceeding. 

PURPOSE

To prescribe a standard procedure for the implementation of a bill of
review and eliminate any inconsistency among the courts. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 3 of the Civil Practice and Remedies Code by
adding Chapter 67 as   follows: 

  Sec. 67.001 Applies equitable principles to bills of review, except as
otherwise     provided within Chapter 67. 

  Sec. 67.002 Sets the following guidelines for granting a bill of review:

    (1) at no fault of the applicant, applicant did not pursue a
timely legal remedy because of fraud, mistake of fact,      accident,
wrongful act, or court error; 

    (2) applicant did not receive proper notice or service of      process;

    (3) applicant's notice by publication was ineffective.

  Sec. 67.003 Sets the following deadlines for application of a bill of
review: 

    (1) the fourth anniversary of the date of the order or judgment;
or 

    (2) 30 days after the date the person received personal notice or
had knowledge of the order or judgment. 

  Sec. 67.004 Establishes venue.


   Sec. 67.005 Outlines the following requirements for an application for
a bill of     review: 

    (1) must state grounds for bill of review

    (2) must assert a valid claim or defense in relation to the
judgment or order in question. 

  Sec. 67.006 (a) Establishes who is a necessary party to the action for
the      bill of review. 

    (b) Establishes when a necessary party may intervene in the
action.  

  Sec. 67.007 Establishes when a court may provide for a pretrial hearing
on     matters relating to an action for a bill of review. 

SECTION 2 (a) Effective date:  September 1, 1997.

  (b)  Savings clause.

SECTION 3 Emergency clause.