SRC-JXG H.B. 900 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 900
By: Dutton (Ellis)
Nominations
5/11/1999
Engrossed


DIGEST 

Currently, a defendant may file a bill of review in a court to directly
attack a default judgment.   The bill of review is an equitable principal.
Accordingly, case law sets forth the guidelines governing a bill of review.
A defendant must generally file a sworn pleading that cites the grounds for
review. Those grounds  must allege that the defendant has a meritorious
defense to the original action, but that the defendant did not have an
opportunity to present that defense.  A failure to provide the defense must
be due to certain failures on the part of the plaintiff.  However, a
defendant who alleges defective service of process or notice of a hearing
does not have to show a meritorious defense.  H.B. 900 would require the
defendant to show certain defenses in a bill of review by a civil court. 

PURPOSE

As proposed, H.B. 900 amends regulations regarding a bill of review by a
civil court. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 3, Civil Practice and Remedies Code, by adding
Chapter 67, as follows: 

CHAPTER 67. BILL OF REVIEW

Sec. 67.001. APPLICATION OF EQUITY PRINCIPLES.  Provides that the
principles governing a court of equity apply to a bill of review except as
otherwise provided by this chapter. 
 
Sec. 67.002.  AVAILABILITY.  Authorizes a court to grant a bill of review
of a court order or judgment in a civil case if the applicant for the bill
of review shows certain conditions exist. 

Sec. 67.003.  LIMITATIONS PERIOD.  Requires a person to apply for a bill of
review of a court order or judgment before the fourth anniversary of the
date of the order of judgment. 

Sec. 67.004.  VENUE.  Requires an application for a bill of review of a
court order or judgment to be filed in the court that rendered the order or
judgment, or a successor of that court. 

Sec. 67.005.  CONTENTS OF APPLICATION.  Requires an application for a bill
of review, by verified affidavit, to state that the applicant did not
receive proper or legal notice in relation to the court order or judgment
that is the subject of the application for a bill of review, or state a
ground under Section 67.002 relied on by the applicant to justify a bill of
review, other than the ground under Subdivision (1). 

Sec. 67.006.  NECESSARY PARTY.  Provides that any party affected by a court
order or judgment that is the subject of an application for a bill of
review is a necessary party to the action for the bill of review.
Authorizes a party described by Subsection (a) as a necessary  party to
intervene in the action at any time. 

Sec. 67.007. PRETRIAL HEARING.  Authorizes the court to provide for a
pretrial hearing on matters relating to the action, on the motion of any
party to an action for a bill of review, or on its own initiative. 

SECTION 2. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.