SRC-AAA H.B. 506 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 506
By: Dutton (Sponsor)
Jurisprudence
3-26-97
Engrossed


DIGEST 

Currently, there are no guidelines in the statutes for a civil court to
follow when implementing a bill of review proceeding.  This bill
prescribes a standard procedure for the implementation of a bill of review
and eliminates any inconsistency among the courts. 

PURPOSE

As proposed, H.B. 506 prescribes a standard procedure for the
implementation of a bill of review and eliminate any inconsistency among
the courts. 

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
priniciples governing a court of equity equally apply to a bill of review. 

Sec. 67.002. AVAILABILITY.  Sets forth requirements for a court in
granting a bill of review. 

Sec. 67.003. LIMITATIONS PERIOD.  Sets forth the statute of limitations
for a bill of review. 

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.  Sets forth the contents of an
application of a bill of review. 

Sec. 67.006.  NECESSARY PARTY.  Sets forth necessary parties to a bill of
review. 

Sec. 67.007. PRETRIAL HEARING.  Authorizes the court to provide pretrial
hearings on matters relating to the bill of review. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.