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                                  * * * * *