SRC-AAA C.S.H.B. 506 75(R)BILL ANALYSIS Senate Research CenterC.S.H.B. 506 By: Dutton (Luna) Jurisprudence 4-3-97 Committee Report (Substituted) DIGEST Currently, there are no guidelines in the statutes for a civil court to follow when implementing a bill of review proceeding. This bill prescribes a standard procedure for the implementation of a bill of review and eliminates any inconsistency among the courts. PURPOSE As proposed, C.S.H.B. 506 prescribes a standard procedure for the implementation of a bill of review and eliminates any inconsistency among the courts. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 3, Civil Practice and Remedies Code, by adding Chapter 67, as follows: CHAPTER 67. BILL OF REVIEW Sec. 67.001. APPLICATION OF EQUITY PRINCIPLES. Provides that the principles governing a court of equity equally apply to a bill of review. Sec. 67.002. AVAILABILITY. Sets forth requirements for a court in granting a bill of review. Sec. 67.003. LIMITATIONS PERIOD. Sets forth the statute of limitations for a bill of review. Sec. 67.004. VENUE. Requires an application for a bill of review of a court order or judgment to be filed in the court that rendered the order or judgment, or a successor of that court. Sec. 67.005. CONTENTS OF APPLICATION. Sets forth the contents of an application of a bill of review. Sec. 67.006. NECESSARY PARTY. Sets forth necessary parties to a bill of review. Sec. 67.007. PRETRIAL HEARING. Authorizes the court to provide pretrial hearings on matters relating to the bill of review. SECTION 2. Effective date: September 1, 1997. Makes application of this Act prospective. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE CHANGES SECTION 1. Amends Section 67.002, Civil Practice and Remedies Code, to set forth requirements for a court in granting a bill of review. Amends Section 67.005, Civil Practice and Remedies Code, to set forth the contents of an application for a bill of review.