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.