1-1 By: Dutton (Senate Sponsor - Ellis) H.B. No. 900 1-2 (In the Senate - Received from the House May 10, 1999; 1-3 May 10, 1999, read first time and referred to Committee on 1-4 Jurisprudence; May 14, 1999, reported favorably by the following 1-5 vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to a bill of review by a civil court. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Title 3, Civil Practice and Remedies Code, is 1-11 amended by adding Chapter 67 to read as follows: 1-12 CHAPTER 67. BILL OF REVIEW 1-13 Sec. 67.001. APPLICATION OF EQUITY PRINCIPLES. The 1-14 principles governing a court of equity apply to a bill of review 1-15 except as otherwise provided by this chapter. 1-16 Sec. 67.002. AVAILABILITY. A court may grant a bill of 1-17 review of a court order or judgment in a civil case if the 1-18 applicant for the bill of review shows that: 1-19 (1) through no fault on the part of the applicant, the 1-20 applicant has not pursued a legal remedy available to the applicant 1-21 to contest the order or judgment in a timely manner because of 1-22 fraud, mistake of fact, accident, wrongful act, or court error; 1-23 (2) the applicant did not receive proper or legal 1-24 notice or service of process in relation to the order or judgment; 1-25 or 1-26 (3) the applicant was served notice by publication in 1-27 relation to the order or judgment and did not have an opportunity 1-28 to discover the notice or any subsequent court notices. 1-29 Sec. 67.003. LIMITATIONS PERIOD. A person must apply for a 1-30 bill of review of a court order or judgment before the fourth 1-31 anniversary of the date of the order or judgment. 1-32 Sec. 67.004. VENUE. An application for a bill of review of 1-33 a court order or judgment shall be filed in the court that rendered 1-34 the order or judgment, or a successor of that court. 1-35 Sec. 67.005. CONTENTS OF APPLICATION. An application for a 1-36 bill of review must, by verified affidavit: 1-37 (1) state that the applicant did not receive proper or 1-38 legal notice in relation to the court order or judgment that is the 1-39 subject of the application for a bill of review; or 1-40 (2) state a ground under Section 67.002 relied on by 1-41 the applicant to justify a bill of review, other than the ground 1-42 under Subdivision (1). 1-43 Sec. 67.006. NECESSARY PARTY. (a) Any party affected by a 1-44 court order or judgment that is the subject of an application for a 1-45 bill of review is a necessary party to the action for the bill of 1-46 review. 1-47 (b) A party described by Subsection (a) as a necessary party 1-48 may intervene in the action at any time. 1-49 Sec. 67.007. PRETRIAL HEARING. On the motion of any party 1-50 to an action for a bill of review, or on its own initiative, the 1-51 court may provide for a pretrial hearing on matters relating to the 1-52 action. 1-53 SECTION 2. (a) This Act takes effect September 1, 1999. 1-54 (b) This Act applies only to an application for a bill of 1-55 review for a court order or judgment rendered on or after the 1-56 effective date of this Act. An application for a bill of review 1-57 for a court order or judgment rendered before the effective date of 1-58 this Act is governed by the law applicable to the application 1-59 immediately before the effective date of this Act, and that law is 1-60 continued in effect for that purpose. 1-61 SECTION 3. The importance of this legislation and the 1-62 crowded condition of the calendars in both houses create an 1-63 emergency and an imperative public necessity that the 1-64 constitutional rule requiring bills to be read on three several 2-1 days in each house be suspended, and this rule is hereby suspended. 2-2 * * * * *