Focus Report, Volume 75, Number 10, July 1997 Page: 8
This periodical is part of the collection entitled: Texas State Publications and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
- Highlighting
- Highlighting On/Off
- Color:
- Adjust Image
- Rotate Left
- Rotate Right
- Brightness, Contrast, etc. (Experimental)
- Cropping Tool
- Download Sizes
- Preview all sizes/dimensions or...
- Download Thumbnail
- Download Small
- Download Medium
- Download Large
- High Resolution Files
- IIIF Image JSON
- IIIF Image URL
- Accessibility
- View Extracted Text
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Statutory procedures for filing a bill of review
HB 506 by Dutton (Luna)DIGEST=
GOVERNOR'S
REASON
FOR VETO:
RESPONSE:
'NOTES:, ,"House Bill 506 proposes changes that are unconstitutional and contrary to
existing law. It seeks to codify Texas law on equitable bills of review, but is
contrary to U.S. Supreme Court precedent and unwisely changes the common
law on statute of limitations on bills of review"
Rep. Harold Dutton, the author of HB 506, said: "What we started with the
intention of doing was simply to codify existing case law on bills of review in
order to bring some consistency to thecourts deciding these cases. I would
have-to agree with the governor'soffice that the bill unintentionally changed
the statute of limitations for bills of review. The.limitation change was an
error allowing bills of review to be filed by the 'lafer of 4 years after the
"judgment or 30 days after the applicant received notice. It should have been
the 'sooner-of those events. In the process of going though this, that
somehow got overlooked. It appears that the bill could allow someone to
bring an action 15 years after the judgment so long as it within 30 days of
receiving notice, rather than the intended maximum limit of four years."
HB 506 was analyzed in the March 17 Daily Floor Report.
The U.S. Supreme Court, in Peralta v. Heights Medical Center, Inc., 485 U.S.
80 (1988), held-that a meritorious defense need not be shown if dUe process
rights were violated in seizure of property without notice of judgment.
HouseResearch OrganizationHB 506 wouldhave codified the procedure for filing an equitable bill of
review, ar common law device used to' examine prior judgments by a court
when a party does not receive notice of the judgment and has a meritorious
defense. HB 506 would have specified that an application for a bill of review
could be filed within four years of the judgment date or within 30 days of the
applicant's knowledge of the judgment. Applicants filing a bill of review
.would have to have claimed that they were not at fault in' not having contested
a prior judgment in a timely manner, that they did not receive proper notice,
or that they did not have an opportunity to discover the notice made through
publication. The application for a bill of review would have had to state,
through verified affidavit, the grounds justifying the bill of review andallege
a meritorious claim or defense against the original'suit. Alternatively, the
applicant could have.stated no notice of the order or judgment was given.8 \.
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Legislature. House of Representatives. Research Organization. Focus Report, Volume 75, Number 10, July 1997, periodical, July 1, 1997; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth654448/m1/8/?q=%22%22~1: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.