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 later of:
2-1 (1) the fourth anniversary of the date of the order or
2-2 judgment; or
2-3 (2) 30 days after the date the person received
2-4 personal notice or had knowledge of the order or judgment.
2-5 Sec. 67.004. VENUE. An application for a bill of review of
2-6 a court order or judgment shall be filed in the court that rendered
2-7 the order or judgment, or a successor of that court.
2-8 Sec. 67.005. CONTENTS OF APPLICATION. An application for a
2-9 bill of review must, by verified affidavit:
2-10 (1) state that the applicant did not receive proper or
2-11 legal notice in relation to the court order or judgment that is the
2-12 subject of the application for a bill of review; or
2-13 (2) state a ground under Section 67.002 relied on by
2-14 the applicant to justify a bill of review, other than the ground
2-15 under Subdivision (1), and allege a meritorious claim or defense in
2-16 relation to the court order or judgment that is the subject of the
2-17 application for a bill of review.
2-18 Sec. 67.006. NECESSARY PARTY. (a) Any party affected by a
2-19 court order or judgment that is the subject of an application for a
2-20 bill of review is a necessary party to the action for the bill of
2-21 review.
2-22 (b) A party described by Subsection (a) as a necessary party
2-23 may intervene in the action at any time.
2-24 Sec. 67.007. PRETRIAL HEARING. On the motion of any party
2-25 to an action for a bill of review, or on its own initiative, the
2-26 court may provide for a pretrial hearing on matters relating to the
2-27 action.
3-1 SECTION 2. (a) This Act takes effect September 1, 1997.
3-2 (b) This Act applies only to an application for a bill of
3-3 review for a court order or judgment rendered on or after the
3-4 effective date of this Act. An application for a bill of review
3-5 for a court order or judgment rendered before the effective date of
3-6 this Act is governed by the law applicable to the application
3-7 immediately before the effective date of this Act, and that law is
3-8 continued in effect for that purpose.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 506 was passed by the House on March
18, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 506 on May 5, 1997, and requested the
appointment of a conference committee to consider the differences
between the two houses; and that the House adopted the conference
committee report on H.B. No. 506 on May 28, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 506 was passed by the Senate, with
amendments, on April 28, 1997, by a viva-voce vote; at the request
of the House, the Senate appointed a conference committee to
consider the differences between the two houses; and that the
Senate adopted the conference committee report on H.B. No. 506 on
May 26, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor