CHAPTER 15. VENUE
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE B. TRIAL MATTERS
CHAPTER 15. VENUE
SUBCHAPTER A. DEFINITIONS; GENERAL RULES
Sec. 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, Sec. 1, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Civil Practice & Remedies Code Sec. 15.001
and amended by Acts 1995, 74th Leg., ch. 138, Sec. 1, eff. Aug.
28, 1995.
Sec. 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, Sec. 1, eff. Aug. 28,
1995. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 3.03, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. Aug. 28,
1995.
SUBCHAPTER B. MANDATORY VENUE
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 138, Sec. 2, eff. Aug. 28,
1995.
Sec. 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, Sec. 2, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 15.015. COUNTIES. An action against a county shall be
brought in that county.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 15.018. FEDERAL EMPLOYERS' LIABILITY ACT. (a) This
section only applies to suits brought under the federal
Employers' Liability Act (45 U.S.C. Section 51 et seq.).
(b) All suits brought under the federal Employers' Liability 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, Sec. 2, eff. Aug. 28,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
203, Sec. 1, eff. May 24, 2007.
Sec. 15.0181. JONES ACT. (a) In this section:
(1) "Coastal county" means:
(A) a county in a coastal area, as defined by Section 33.004,
Natural Resources Code; or
(B) a county having a United States Customs port through which
waterborne freight is transported.
(2) "Coastal erosion" means the loss of land, marshes, wetlands,
beaches, or other coastal features because of the actions of
wind, waves, tides, storm surges, subsidence, or other forces.
(3) "Erosion response project" means an action intended to
address or mitigate coastal erosion, including beach nourishment,
sediment management, beneficial use of dredged material, creation
or enhancement of a dune, wetland, or marsh, and construction of
a breakwater, bulkhead, groin, jetty, or other structure.
(4) "Gulf Coast state" means Louisiana, Mississippi, Alabama, or
Florida.
(5) "Inland waters" means the navigable waters shoreward of the
navigational demarcation lines dividing the high seas from
harbors, rivers, the Gulf Intracoastal Waterway, and other inland
waters of Texas, Louisiana, Mississippi, Alabama, Arkansas,
Tennessee, Missouri, Illinois, Kentucky, or Indiana or of Florida
along the Gulf of Mexico shoreline of Florida from the
Florida-Alabama border down to and including the shoreline of Key
West, Florida. The term does not include the Great Lakes.
(b) This section applies only to suits brought under the Jones
Act (46 U.S.C. Section 30104).
(c) Except as provided by this section, a suit brought under the
Jones Act shall be brought:
(1) in the county where the defendant's principal office in this
state is located;
(2) in the county in which all or a substantial part of the
events or omissions giving rise to the claim occurred; or
(3) in the county where the plaintiff resided at the time the
cause of action accrued.
(d) If all or a substantial part of the events or omissions
giving rise to the claim occurred on the inland waters of this
state, ashore in this state, or during the course of an erosion
response project in this state, the suit shall be brought:
(1) in the county in which all or a substantial part of the
events giving rise to the claim occurred; or
(2) in the county where the defendant's principal office in this
state is located.
(e) If all or a substantial part of the events or omissions
giving rise to the claim occurred on inland waters outside this
state, ashore in a Gulf Coast state, or during the course of an
erosion response project in a Gulf Coast state, the suit shall be
brought:
(1) in the county where the defendant's principal office in this
state is located if the defendant's principal office in this
state is located in a coastal county;
(2) in Harris County unless the plaintiff resided in Galveston
County at the time the cause of action accrued;
(3) in Galveston County unless the plaintiff resided in Harris
County at the time the cause of action accrued; or
(4) if the defendant does not have a principal office in this
state located in a coastal county, in the county where the
plaintiff resided at the time the cause of action accrued.
Added by Acts 2007, 80th Leg., R.S., Ch.
203, Sec. 2, eff. May 24, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 5.001, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. June 8,
1995. Renumbered from Civil Practice and Remedies Code Sec.
15.018 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(3), eff.
Sept. 1, 1997.
Sec. 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 Chapter 272,
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, Sec. 1, eff. Aug. 30,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.10, eff. April 1, 2009.
SUBCHAPTER C. PERMISSIVE VENUE
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 138, Sec. 3, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 138, Sec. 3, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER D. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 138, Sec. 4, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 5, eff. Aug. 28,
1995.
Sec. 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, Sec. 5, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 6, eff. Aug. 28,
1995.
SUBCHAPTER E. SUITS BROUGHT IN JUSTICE COURT
Sec. 15.081. APPLICATION. This subchapter applies only to suits
brought in a justice court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 15.083. RESIDENCE OF A SINGLE MAN. A single man's
residence is where he boards.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.