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.