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                                  * * * * *