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.