CIVIL PRACTICE & REMEDIES CODE
SUBTITLE B. TRIAL MATTERS
CHAPTER 15. VENUE
SUBCHAPTER A. DEFINITIONS; GENERAL RULES
§ 15.001. DEFINITIONS. In this chapter:
(a) 'Principal office' means a principal office of the
corporation, unincorporated association, or partnership in this
state in which the decision makers for the organization within this
state conduct the daily affairs of the organization. The mere
presence of an agency or representative does not establish a
principal office.
(b) 'Proper venue' means:
(1) the venue required by the mandatory provisions of
Subchapter B or another statute prescribing mandatory venue; or
(2) if Subdivision (1) does not apply, the venue
provided by this subchapter or Subchapter C.
Added by Acts 1995, 74th Leg., ch. 138, § 1, eff. Aug. 28, 1995.
§ 15.002. VENUE: GENERAL RULE. (a) Except as
otherwise provided by this subchapter or Subchapter B or C, all
lawsuits shall be brought:
(1) in the county in which all or a substantial part of
the events or omissions giving rise to the claim occurred;
(2) in the county of defendant's residence at the time
the cause of action accrued if defendant is a natural person;
(3) in the county of the defendant's principal office
in this state, if the defendant is not a natural person; or
(4) if Subdivisions (1), (2), and (3) do not apply, in
the county in which the plaintiff resided at the time of the accrual
of the cause of action.
(b) For the convenience of the parties and witnesses and in
the interest of justice, a court may transfer an action from a
county of proper venue under this subchapter or Subchapter C to any
other county of proper venue on motion of a defendant filed and
served concurrently with or before the filing of the answer, where
the court finds:
(1) maintenance of the action in the county of suit
would work an injustice to the movant considering the movant's
economic and personal hardship;
(2) the balance of interests of all the parties
predominates in favor of the action being brought in the other
county; and
(3) the transfer of the action would not work an
injustice to any other party.
(c) A court's ruling or decision to grant or deny a transfer
under Subsection (b) is not grounds for appeal or mandamus and is
not reversible error.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Civil Practice & Remedies Code §
15.001 and amended by Acts 1995, 74th Leg., ch. 138, § 1, eff.
Aug. 28, 1995.
§ 15.003. MULTIPLE PLAINTIFFS AND INTERVENING
PLAINTIFFS. (a) In a suit in which there is more than one
plaintiff, whether the plaintiffs are included by joinder, by
intervention, because the lawsuit was begun by more than one
plaintiff, or otherwise, each plaintiff must, independently of
every other plaintiff, establish proper venue. If a plaintiff
cannot independently establish proper venue, that plaintiff's part
of the suit, including all of that plaintiff's claims and causes of
action, must be transferred to a county of proper venue or
dismissed, as is appropriate, unless that plaintiff, independently
of every other plaintiff, establishes that:
(1) joinder of that plaintiff or intervention in the
suit by that plaintiff is proper under the Texas Rules of Civil
Procedure;
(2) maintaining venue as to that plaintiff in the
county of suit does not unfairly prejudice another party to the
suit;
(3) there is an essential need to have that plaintiff's
claim tried in the county in which the suit is pending; and
(4) the county in which the suit is pending is a fair
and convenient venue for that plaintiff and all persons against
whom the suit is brought.
(b) An interlocutory appeal may be taken of a trial court's
determination under Subsection (a) that:
(1) a plaintiff did or did not independently establish
proper venue; or
(2) a plaintiff that did not independently establish
proper venue did or did not establish the items prescribed by
Subsections (a)(1)-(4).
(c) An interlocutory appeal permitted by Subsection (b)
must be taken to the court of appeals district in which the trial
court is located under the procedures established for interlocutory
appeals. The appeal may be taken by a party that is affected by the
trial court's determination under Subsection (a). The court of
appeals shall:
(1) determine whether the trial court's order is
proper based on an independent determination from the record and
not under either an abuse of discretion or substantial evidence
standard; and
(2) render judgment not later than the 120th day after
the date the appeal is perfected.
(d) An interlocutory appeal under Subsection (b) has the
effect of staying the commencement of trial in the trial court
pending resolution of the appeal.
Added by Acts 1995, 74th Leg., ch. 138, § 1, eff. Aug. 28, 1995.
Amended by Acts 2003, 78th Leg., ch. 204, § 3.03, eff. Sept. 1,
2003.
§ 15.004. MANDATORY VENUE PROVISIONS GOVERNS MULTIPLE
CLAIMS. In a suit in which a plaintiff properly joins two or more
claims or causes of action arising from the same transaction,
occurrence, or series of transactions or occurrences, and one of
the claims or causes of action is governed by the mandatory venue
provisions of Subchapter B, the suit shall be brought in the county
required by the mandatory venue provision.
Added by Acts 1995, 74th Leg., ch. 138, § 1, eff. Aug. 28, 1995.
§ 15.005. MULTIPLE DEFENDANTS. In a suit in which the
plaintiff has established proper venue against a defendant, the
court also has venue of all the defendants in all claims or actions
arising out of the same transaction, occurrence, or series of
transactions or occurrences.
Added by Acts 1995, 74th Leg., ch. 138, § 1, eff. Aug. 28, 1995.
§ 15.006. VENUE DETERMINED BY FACTS EXISTING AT THE TIME
OF ACCRUAL. A court shall determine the venue of a suit based on
the facts existing at the time the cause of action that is the basis
of the suit accrued.
Added by Acts 1995, 74th Leg., ch. 138, § 1, eff. Aug. 28, 1995.
§ 15.007. CONFLICT WITH CERTAIN
PROVISIONS. Notwithstanding Sections 15.004, 15.005, and 15.031,
to the extent that venue under this chapter for a suit by or against
an executor, administrator, or guardian as such, for personal
injury, death, or property damage conflicts with venue provisions
under the Texas Probate Code, this chapter controls.
Added by Acts 1995, 74th Leg., ch. 138, § 1, eff. Aug. 28, 1995.
SUBCHAPTER B. MANDATORY VENUE
§ 15.011. LAND. Actions for recovery of real property
or an estate or interest in real property, for partition of real
property, to remove encumbrances from the title to real property,
for recovery of damages to real property, or to quiet title to real
property shall be brought in the county in which all or a part of the
property is located.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 138, § 2, eff. Aug. 28, 1995.
§ 15.0115. LANDLORD-TENANT. (a) Except as provided by
another statute prescribing mandatory venue, a suit between a
landlord and a tenant arising under a lease shall be brought in the
county in which all or a part of the real property is located.
(b) In this section, 'lease' means any written or oral
agreement between a landlord and a tenant that establishes or
modifies the terms, conditions, or other provisions relating to the
use and occupancy of the real property that is the subject of the
agreement.
Added by Acts 1995, 74th Leg., ch. 138, § 2, eff. Aug. 28, 1995.
§ 15.012. INJUNCTION AGAINST SUIT. Actions to stay
proceedings in a suit shall be brought in the county in which the
suit is pending.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.013. INJUNCTION AGAINST EXECUTION OF
JUDGMENT. Actions to restrain execution of a judgment based on
invalidity of the judgment or of the writ shall be brought in the
county in which the judgment was rendered.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.014. HEAD OF STATE DEPARTMENT. An action for
mandamus against the head of a department of the state government
shall be brought in Travis County.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.015. COUNTIES. An action against a county shall be
brought in that county.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.0151. CERTAIN POLITICAL SUBDIVISIONS. (a) Except
as provided by a law not contained in this chapter, an action
against a political subdivision that is located in a county with a
population of 100,000 or less shall be brought in the county in
which the political subdivision is located. If the political
subdivision is located in more than one county and the population of
each county is 100,000 or less, the action shall be brought in any
county in which the political subdivision is located.
(b) In this section, 'political subdivision' means a
governmental entity in this state, other than a county, that is not
a state agency. The term includes a municipality, school or junior
college district, hospital district, or any other special purpose
district or authority.
Added by Acts 1997, 75th Leg., ch. 733, § 1, eff. Sept. 1, 1997.
§ 15.016. OTHER MANDATORY VENUE. An action governed by
any other statute prescribing mandatory venue shall be brought in
the county required by that statute.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.017. LIBEL, SLANDER, OR INVASION OF PRIVACY. A
suit for damages for libel, slander, or invasion of privacy shall be
brought and can only be maintained in the county in which the
plaintiff resided at the time of the accrual of the cause of action,
or in the county in which the defendant resided at the time of
filing suit, or in the county of the residence of defendants, or any
of them, or the domicile of any corporate defendant, at the election
of the plaintiff.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.018. FEDERAL EMPLOYERS' LIABILITY ACT AND JONES
ACT. (a) This section only applies to suits brought under the
federal Employers' Liability Act (45 U.S.C. Section 51 et seq.) or
the Jones Act (46 U.S.C. Section 688).
(b) All suits brought under the federal Employers'
Liability Act or the Jones Act shall be brought:
(1) in the county in which all or a substantial part of
the events or omissions giving rise to the claim occurred;
(2) in the county where the defendant's principal
office in this state is located; or
(3) in the county where the plaintiff resided at the
time the cause of action accrued.
Added by Acts 1995, 74th Leg., ch. 138, § 2, eff. Aug. 28, 1995.
§ 15.019. INMATE LITIGATION. (a) Except as provided
by Section 15.014, an action that accrued while the plaintiff was
housed in a facility operated by or under contract with the Texas
Department of Criminal Justice shall be brought in the county in
which the facility is located.
(b) An action brought by two or more plaintiffs that accrued
while the plaintiffs were housed in a facility operated by or under
contract with the Texas Department of Criminal Justice shall be
brought in a county in which a facility that housed one of the
plaintiffs is located.
(c) This section does not apply to an action brought under
the Family Code.
Added by Acts 1995, 74th Leg., ch. 378, § 1, eff. June 8, 1995.
Renumbered from V.T.C.A., Civil Practice and Remedies Code §
15.018 by Acts 1997, 75th Leg., ch. 165, § 31.01(3), eff. Sept.
1, 1997.
§ 15.020. MAJOR TRANSACTIONS: SPECIFICATION OF VENUE BY
AGREEMENT. (a) In this section, 'major transaction' means a
transaction evidenced by a written agreement under which a person
pays or receives, or is obligated to pay or entitled to receive,
consideration with an aggregate stated value equal to or greater
than $1 million. The term does not include a transaction entered
into primarily for personal, family, or household purposes, or to
settle a personal injury or wrongful death claim, without regard to
the aggregate value.
(b) An action arising from a major transaction shall be
brought in a county if the party against whom the action is brought
has agreed in writing that a suit arising from the transaction may
be brought in that county.
(c) Notwithstanding any other provision of this title, an
action arising from a major transaction may not be brought in a
county if:
(1) the party bringing the action has agreed in
writing that an action arising from the transaction may not be
brought in that county, and the action may be brought in another
county of this state or in another jurisdiction; or
(2) the party bringing the action has agreed in
writing that an action arising from the transaction must be brought
in another county of this state or in another jurisdiction, and the
action may be brought in that other county, under this section or
otherwise, or in that other jurisdiction.
(d) This section does not apply to an action if:
(1) the agreement described by this section was
unconscionable at the time that it was made;
(2) the agreement regarding venue is voidable under
Section 35.52, Business & Commerce Code; or
(3) venue is established under a statute of this state
other than this title.
(e) This section does not affect venue and jurisdiction in
an action arising from a transaction that is not a major
transaction.
Added by Acts 1999, 76th Leg., ch. 84, § 1, eff. Aug. 30, 1999.
SUBCHAPTER C. PERMISSIVE VENUE
§ 15.031. EXECUTOR; ADMINISTRATOR; GUARDIAN. If the
suit is against an executor, administrator, or guardian, as such,
to establish a money demand against the estate which he represents,
the suit may be brought in the county in which the estate is
administered, or if the suit is against an executor, administrator,
or guardian growing out of a negligent act or omission of the person
whose estate the executor, administrator, or guardian represents,
the suit may be brought in the county in which the negligent act or
omission of the person whose estate the executor, administrator, or
guardian represents occurred.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.032. INSURANCE. Suit against fire, marine, or
inland insurance companies may also be commenced in any county in
which the insured property was situated. A suit on a policy may be
brought against any life insurance company, or accident insurance
company, or life and accident, or health and accident, or life,
health, and accident insurance company in the county in which the
company's principal office in this state is located or in the county
in which the loss has occurred or in which the policyholder or
beneficiary instituting the suit resided at the time the cause of
action accrued.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 138, § 3, eff. Aug. 28, 1995.
§ 15.033. BREACH OF WARRANTY BY MANUFACTURER. A suit
for breach of warranty by a manufacturer of consumer goods may be
brought in any county in which all or a substantial part of the
events or omissions giving rise to the claim occurred, in the county
in which the manufacturer has its principal office in this state, or
in the county in which the plaintiff resided at the time the cause
of action accrued.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 138, § 3, eff. Aug. 28, 1995.
§ 15.035. CONTRACT IN WRITING. (a) Except as provided
by Subsection (b), if a person has contracted in writing to perform
an obligation in a particular county, expressly naming the county
or a definite place in that county by that writing, suit on or by
reason of the obligation may be brought against him either in that
county or in the county in which the defendant has his domicile.
(b) In an action founded on a contractual obligation of the
defendant to pay money arising out of or based on a consumer
transaction for goods, services, loans, or extensions of credit
intended primarily for personal, family, household, or
agricultural use, suit by a creditor on or by reason of the
obligation may be brought against the defendant either in the
county in which the defendant in fact signed the contract or in the
county in which the defendant resides when the action is commenced.
No term or statement contained in an obligation described in this
section shall constitute a waiver of these provisions.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.038. OTHER PERMISSIVE VENUE. An action governed by
any other statute prescribing permissive venue may be brought in
the county allowed by that statute.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.039. TRANSIENT PERSON. A transient person may be
sued in any county in which he may be found.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. GENERAL PROVISIONS
§ 15.062. COUNTERCLAIMS, CROSS CLAIMS, AND THIRD-PARTY
CLAIMS. (a) Venue of the main action shall establish venue of a
counterclaim, cross claim, or third-party claim properly joined
under the Texas Rules of Civil Procedure or any applicable statute.
(b) If an original defendant properly joins a third-party
defendant, venue shall be proper for a claim arising out of the same
transaction, occurrence, or series of transactions or occurrences
by the plaintiff against the third-party defendant if the claim
arises out of the subject matter of the plaintiff's claim against
the original defendant.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 138, § 4, eff. Aug. 28, 1995.
§ 15.063. TRANSFER. The court, on motion filed and
served concurrently with or before the filing of the answer, shall
transfer an action to another county of proper venue if:
(1) the county in which the action is pending is not a
proper county as provided by this chapter;
(2) an impartial trial cannot be had in the county in
which the action is pending; or
(3) written consent of the parties to transfer to any
other county is filed at any time.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.064. HEARINGS. (a) In all venue hearings, no
factual proof concerning the merits of the case shall be required to
establish venue. The court shall determine venue questions from
the pleadings and affidavits. No interlocutory appeal shall lie
from the determination.
(b) On appeal from the trial on the merits, if venue was
improper it shall in no event be harmless error and shall be
reversible error. In determining whether venue was or was not
proper, the appellate court shall consider the entire record,
including the trial on the merits.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.0641. VENUE RIGHTS OF MULTIPLE DEFENDANTS. In a
suit in which two or more defendants are joined, any action or
omission by one defendant in relation to venue, including a waiver
of venue by one defendant, does not operate to impair or diminish
the right of any other defendant to properly challenge venue.
Added by Acts 1995, 74th Leg., ch. 138, § 5, eff. Aug. 28, 1995.
§ 15.0642. MANDAMUS. A party may apply for a writ of
mandamus with an appellate court to enforce the mandatory venue
provisions of this chapter. An application for the writ of mandamus
must be filed before the later of:
(1) the 90th day before the date the trial starts; or
(2) the 10th day after the date the party receives
notice of the trial setting.
Added by Acts 1995, 74th Leg., ch. 138, § 5, eff. Aug. 28, 1995.
§ 15.065. WATERCOURSE OR ROADWAY FORMING COUNTY
BOUNDARY. If a river, watercourse, highway, road, or street forms
the boundary line between two counties, the courts of each county
have concurrent jurisdiction over the parts of the watercourse or
roadway that form the boundary of the county in the same manner as
if the watercourse or roadway were in that county.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.066. CONFLICT WITH RULES OF CIVIL
PROCEDURE. Subject to Section 22.004, Government Code, to the
extent that this chapter conflicts with the Texas Rules of Civil
Procedure, this chapter controls.
Added by Acts 1995, 74th Leg., ch. 138, § 6, eff. Aug. 28, 1995.
SUBCHAPTER E. SUITS BROUGHT IN JUSTICE COURT
§ 15.081. APPLICATION. This subchapter applies only to
suits brought in a justice court.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.082. VENUE: GENERAL RULE. Except as otherwise
provided by this subchapter or by any other law, a suit in justice
court shall be brought in the county and precinct in which one or
more defendants reside.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.083. RESIDENCE OF A SINGLE MAN. A single man's
residence is where he boards.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.084. FORCIBLE ENTRY AND DETAINER. A suit for
forcible entry and detainer shall be brought in the precinct in
which all or part of the premises is located.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.085. EXECUTOR; ADMINISTRATOR; GUARDIAN. A suit
against an executor, an administrator, or a guardian shall be
brought in the county in which the administration or guardianship
is pending and in the precinct in which the county seat is located.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.086. COUNTIES. A suit against a county shall be
brought in the precinct in which the county seat of that county is
located.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.087. OPTION: SUIT IN DEFENDANT'S COUNTY OF
RESIDENCE. A suit to which a permissive venue section of this
subchapter applies may be brought and maintained either in the
county provided for by that section or in the county in which the
defendant resides.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.088. NONRESIDENT; RESIDENCE UNKNOWN. A suit
against a nonresident of this state or against a person whose
residence is unknown may be brought in the county and precinct in
which the plaintiff resides.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.089. TRANSIENT PERSON. A suit against a transient
person may be brought in any county and precinct in which the
transient person is found.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.090. PERSONAL PROPERTY. A suit to recover personal
property may be brought in the county and precinct in which the
property is located.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.091. RENTS. A suit to recover rents may be brought
in the county and precinct in which all or part of the rented
premises is located.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.092. CONTRACT. (a) Except as otherwise provided
by this section, a suit on a written contract that promises
performance at a particular place may be brought in the county and
precinct in which the contract was to be performed.
(b) A suit on an oral or written contract for labor actually
performed may be brought in the county and precinct in which the
labor was performed.
(c) A suit by a creditor on a contract for goods, services,
or loans intended primarily for personal, family, household, or
agricultural use may be brought only in the county and precinct in
which the contract was signed or in which the defendant resides.
(d) A contract described by Subsection (c) may not waive the
venue provided by that subsection.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.093. TORTS. A tort suit for damages may be brought
in the county and precinct in which the injury was inflicted.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.094. CORPORATION; ASSOCIATION; JOINT-STOCK
COMPANY. A suit against a private corporation, association, or
joint-stock company may be brought in the county and precinct in
which:
(1) all or part of the cause of action arose;
(2) the corporation, association, or company has an
agency or representative; or
(3) the principal office of the corporation,
association, or company is located.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.095. RAILROAD COMPANIES; CARRIERS. A suit against
a railroad company, a canal company, or the owners of a line of
transportation vehicles for injury to a person or property on the
railroad, canal, or line of vehicles or for liability as a carrier
may be brought in a precinct through which that railroad, canal, or
line of vehicles passes or in a precinct in which the route of that
railroad, canal, or vehicle begins or ends.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.096. STEAMBOAT OR OTHER VESSEL. A suit against the
owner of a steamboat or other vessel may be brought in the county or
precinct in which:
(1) the steamboat or vessel may be found;
(2) the cause of action arose; or
(3) the liability accrued or was contracted.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.097. INSURANCE COMPANIES. (a) A suit against a
fire, marine, or inland marine insurance company may be brought in
the county and precinct in which all or part of the insured property
was located.
(b) A suit against an accident and life insurance company or
association may be brought in the county and precinct in which one
or more of the insured persons resided when the injury or death
occurred.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.098. PLEADING REQUIREMENTS. If a suit is brought
in a county or precinct in which the defendant does not reside, the
citation or pleading must affirmatively show that the suit comes
within an exception provided for by this subchapter.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.099. MORE THAN ONE JUSTICE. If there is more than
one justice of the peace in a precinct or in an incorporated city or
town, suit may be brought before any justice of the peace in that
precinct or incorporated city or town.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 15.100. DISQUALIFIED JUSTICE. If the justice in the
proper precinct is not qualified to try the suit, suit may be
brought before the nearest qualified justice in the county.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
