By Dutton                                              H.B. No. 900
                                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 fourth
 2-1     anniversary of the date of the order or judgment.
 2-2           Sec. 67.004.  VENUE.  An application for a bill of review of
 2-3     a court order or judgment shall be filed in the court that rendered
 2-4     the order or judgment, or a successor of that court.
 2-5           Sec. 67.005.  CONTENTS OF APPLICATION.  An application for a
 2-6     bill of review must, by verified affidavit:
 2-7                 (1)  state that the applicant did not receive proper or
 2-8     legal notice in relation to the court order or judgment that is the
 2-9     subject of the application for a bill of review; or
2-10                 (2)  state a ground under Section 67.002 relied on by
2-11     the applicant to justify a bill of review, other than the ground
2-12     under Subdivision (1).
2-13           Sec. 67.006.  NECESSARY PARTY.  (a)  Any party affected by a
2-14     court order or judgment that is the subject of an application for a
2-15     bill of review is a necessary party to the action for the bill of
2-16     review.
2-17           (b)  A party described by Subsection (a) as a necessary party
2-18     may intervene in the action at any time.
2-19           Sec. 67.007.  PRETRIAL HEARING.  On the motion of any party
2-20     to an action for a bill of review, or on its own initiative, the
2-21     court may provide for a pretrial hearing on matters relating to the
2-22     action.
2-23           SECTION 2.  (a)  This Act takes effect September 1, 1999.
2-24           (b)  This Act applies only to an application for a bill of
2-25     review for a court order or judgment rendered on or after the
2-26     effective date of this Act.  An application for a bill of review
2-27     for a court order or judgment rendered before the effective date of
 3-1     this Act is governed by the law applicable to the application
 3-2     immediately before the effective date of this Act, and that law is
 3-3     continued in effect for that purpose.
 3-4           SECTION 3.  The importance of this legislation and the
 3-5     crowded condition of the calendars in both houses create an
 3-6     emergency and an imperative public necessity that the
 3-7     constitutional rule requiring bills to be read on three several
 3-8     days in each house be suspended, and this rule is hereby suspended.