1-1 AN ACT 1-2 relating to a bill of review by a civil court. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 3, Civil Practice and Remedies Code, is 1-5 amended by adding Chapter 67 to read as follows: 1-6 CHAPTER 67. BILL OF REVIEW 1-7 Sec. 67.001. APPLICATION OF EQUITY PRINCIPLES. The 1-8 principles governing a court of equity apply to a bill of review 1-9 except as otherwise provided by this chapter. 1-10 Sec. 67.002. AVAILABILITY. A court may grant a bill of 1-11 review of a court order or judgment in a civil case if the 1-12 applicant for the bill of review shows that: 1-13 (1) through no fault on the part of the applicant, the 1-14 applicant has not pursued a legal remedy available to the applicant 1-15 to contest the order or judgment in a timely manner because of 1-16 fraud, mistake of fact, accident, wrongful act, or court error; 1-17 (2) the applicant did not receive proper or legal 1-18 notice or service of process in relation to the order or judgment; 1-19 or 1-20 (3) the applicant was served notice by publication in 1-21 relation to the order or judgment and did not have an opportunity 1-22 to discover the notice or any subsequent court notices. 1-23 Sec. 67.003. LIMITATIONS PERIOD. A person must apply for a 1-24 bill of review of a court order or judgment before the later of: 2-1 (1) the fourth anniversary of the date of the order or 2-2 judgment; or 2-3 (2) 30 days after the date the person received 2-4 personal notice or had knowledge of the order or judgment. 2-5 Sec. 67.004. VENUE. An application for a bill of review of 2-6 a court order or judgment shall be filed in the court that rendered 2-7 the order or judgment, or a successor of that court. 2-8 Sec. 67.005. CONTENTS OF APPLICATION. An application for a 2-9 bill of review must, by verified affidavit: 2-10 (1) state that the applicant did not receive proper or 2-11 legal notice in relation to the court order or judgment that is the 2-12 subject of the application for a bill of review; or 2-13 (2) state a ground under Section 67.002 relied on by 2-14 the applicant to justify a bill of review, other than the ground 2-15 under Subdivision (1), and allege a meritorious claim or defense in 2-16 relation to the court order or judgment that is the subject of the 2-17 application for a bill of review. 2-18 Sec. 67.006. NECESSARY PARTY. (a) Any party affected by a 2-19 court order or judgment that is the subject of an application for a 2-20 bill of review is a necessary party to the action for the bill of 2-21 review. 2-22 (b) A party described by Subsection (a) as a necessary party 2-23 may intervene in the action at any time. 2-24 Sec. 67.007. PRETRIAL HEARING. On the motion of any party 2-25 to an action for a bill of review, or on its own initiative, the 2-26 court may provide for a pretrial hearing on matters relating to the 2-27 action. 3-1 SECTION 2. (a) This Act takes effect September 1, 1997. 3-2 (b) This Act applies only to an application for a bill of 3-3 review for a court order or judgment rendered on or after the 3-4 effective date of this Act. An application for a bill of review 3-5 for a court order or judgment rendered before the effective date of 3-6 this Act is governed by the law applicable to the application 3-7 immediately before the effective date of this Act, and that law is 3-8 continued in effect for that purpose. 3-9 SECTION 3. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 506 was passed by the House on March 18, 1997, by a non-record vote; that the House refused to concur in Senate amendments to H.B. No. 506 on May 5, 1997, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 506 on May 28, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 506 was passed by the Senate, with amendments, on April 28, 1997, by a viva-voce vote; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 506 on May 26, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor