1-1 By: Dutton (Senate Sponsor - Luna) H.B. No. 506 1-2 (In the Senate - Received from the House March 19, 1997; 1-3 March 24, 1997, read first time and referred to Committee on 1-4 Jurisprudence; April 7, 1997, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 7, Nays 0; 1-6 April 7, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 506 By: Luna 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to a bill of review by a civil court. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Title 3, Civil Practice and Remedies Code, is 1-13 amended by adding Chapter 67 to read as follows: 1-14 CHAPTER 67. BILL OF REVIEW 1-15 Sec. 67.001. APPLICATION OF EQUITY PRINCIPLES. The 1-16 principles governing a court of equity apply to a bill of review 1-17 except as otherwise provided by this chapter. 1-18 Sec. 67.002. AVAILABILITY. A court may grant a bill of 1-19 review of a court order or judgment in a civil case if the 1-20 applicant for the bill of review shows that: 1-21 (1) through no fault or negligence on the part of the 1-22 applicant, the applicant has not pursued a legal remedy available 1-23 to the applicant to contest the order or judgment in a timely 1-24 manner because of extrinsic fraud, wrongful conduct of the other 1-25 party, or court error; 1-26 (2) the applicant did not receive proper or legal 1-27 notice or service of process in relation to the order or judgment; 1-28 or 1-29 (3) the applicant was served notice by publication in 1-30 relation to the order or judgment but did not have an opportunity 1-31 to discover the notice or any subsequent court notices and such 1-32 failure to discover occurred through no fault or negligence on the 1-33 part of the applicant but rather was the result of extrinsic fraud, 1-34 wrongful conduct of the other party, or court error. 1-35 Sec. 67.003. LIMITATIONS PERIOD. A person must apply for a 1-36 bill of review of a court order or judgment before the fourth 1-37 anniversary of the date of the order or judgment. 1-38 Sec. 67.004. VENUE. An application for a bill of review of 1-39 a court order or judgment shall be filed in the court that rendered 1-40 the order or judgment or a successor of that court. 1-41 Sec. 67.005. CONTENTS OF APPLICATION. An application for a 1-42 bill of review must, by verified affidavit: 1-43 (1) state that the applicant did not receive proper or 1-44 legal notice in relation to the court order or judgment that is the 1-45 subject of the application for bill of review and state facts 1-46 showing the absence of an adequate remedy at law; or 1-47 (2) state each ground relied on by the applicant to 1-48 justify a bill of review; 1-49 (3) state facts to establish a meritorious claim or 1-50 defense in relation to the court order or judgment that is the 1-51 subject of the application for a bill of review; and 1-52 (4) state facts showing the absence of an adequate 1-53 remedy at law. 1-54 Sec. 67.006. NECESSARY PARTY. (a) Any party affected by a 1-55 court order or judgment that is the subject of an application for a 1-56 bill of review is a necessary party to the action for the bill of 1-57 review. 1-58 (b) A party described by Subsection (a) as a necessary party 1-59 may intervene in the action at any time. 1-60 Sec. 67.007. PRETRIAL HEARING. On the motion of any party 1-61 to an action for a bill of review or on its own initiative, the 1-62 court may provide for a pretrial hearing on matters relating to the 1-63 action. 1-64 SECTION 2. (a) This Act takes effect September 1, 1997. 2-1 (b) This Act applies only to an application for a bill of 2-2 review for a court order or judgment rendered on or after the 2-3 effective date of this Act. An application for a bill of review 2-4 for a court order or judgment rendered before the effective date of 2-5 this Act is governed by the law applicable to the application 2-6 immediately before the effective date of this Act, and that law is 2-7 continued in effect for that purpose. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended. 2-13 * * * * *