By Dutton                                        H.B. No. 506

      75R1987 DAK-D                           

                                A BILL TO BE ENTITLED

 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 each ground relied on by the applicant to

2-11     justify a bill of review; and

2-12                 (2)  allege a meritorious claim or defense in relation

2-13     to the court order or judgment that is the subject of the

2-14     application for a bill of review.

2-15           Sec. 67.006.  NECESSARY PARTY.  (a)  Any party affected by a

2-16     court order or judgment that is the subject of an application for a

2-17     bill of review is a necessary party to the action for the bill of

2-18     review.

2-19           (b)  A party described by Subsection (a) as a necessary party

2-20     may intervene in the action at any time.

2-21           Sec. 67.007.  PRETRIAL HEARING.  On the motion of any party

2-22     to an action for a bill of review, or on its own initiative, the

2-23     court may provide for a pretrial hearing on matters relating to the

2-24     action.

2-25           SECTION 2.  (a)  This Act takes effect September 1, 1997.

2-26           (b)  This Act applies only to an application for a bill of

2-27     review for a court order or judgment rendered on or after the

 3-1     effective date of this Act.  An application for a bill of review

 3-2     for a court order or judgment rendered before the effective date of

 3-3     this Act is governed by the law applicable to the application

 3-4     immediately before the effective date of this Act, and that law is

 3-5     continued in effect for that purpose.

 3-6           SECTION 3.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended.