Tex. R. Civ. P. 502.4

(a) Applicable Law. Laws specifying the venue B the county and precinct where a lawsuit

may be brought B are found in Chapter 15, Subchapter E of the Texas Civil Practice and

Remedies Code, which is available online and for examination during the court’s business

hours.

(b) General Rule. Generally, a defendant in a small claims case as described in Rule 500.3(a)

or a debt claim case as described in Rule 500.3(b) is entitled to be sued in one of the

following venues:

(1) the county and precinct where the defendant resides;

(2) the county and precinct where the incident, or the majority of incidents, that gave

rise to the claim occurred;

(3) the county and precinct where the contract or agreement, if any, that gave rise to

the claim was to be performed; or

(4) the county and precinct where the property is located, in a suit to recover personal

property.

(c) Non-Resident Defendant; Defendant’s Residence Unknown. If the defendant is a

non-resident of Texas, or if defendant’s residence is unknown, the plaintiff may file the

suit in the county and precinct where the plaintiff resides.

(d) Motion to Transfer Venue. If a plaintiff files suit in an improper venue, a defendant may

challenge the venue selected by filing a motion to transfer venue. The motion must be

filed before trial, no later than 21 days after the day the defendant’s answer is filed, and

must contain a sworn statement that the venue chosen by the plaintiff is improper and a

specific county and precinct of proper venue to which transfer is sought. If the defendant

fails to name a county and precinct, the court must instruct the defendant to do so and allow

the defendant 7 days to cure the defect. If the defendant fails to correct the defect, the

motion will be denied, and the case will proceed in the county and precinct where it was

originally filed.

(1) Procedure.

(A) Judge to Set Hearing. If a defendant files a motion to transfer venue, the

judge must set a hearing on the motion.

(B) Response. A plaintiff may file a response to a defendant’s motion to

transfer venue.

(C) Hearing. The parties may present evidence at the hearing. A witness

may testify at a hearing, either in person or, with permission of the court,

by means of telephone or an electronic communication system.

(D) Judge’s Decision. If the motion is granted, the judge must sign an order

designating the court to which the case will be transferred. If the motion is

denied, the case will be heard in the court in which the plaintiff initially

filed suit.

(E) Review. Motions for rehearing and interlocutory appeals of the judge’s

ruling on venue are not permitted.

(F) Time for Trial of the Case. No trial may be held until at least the 14th day

after the judge’s ruling on the motion to transfer venue.

(G) Order. An order granting a motion to transfer venue must state the reason

for the transfer and the name of the court to which the transfer is made.

When such an order of transfer is made, the judge who issued the order must

immediately make out a true and correct transcript of all the entries made

on the docket in the case, certify the transcript, and send the transcript, with

a certified copy of the bill of costs and the original papers in the case, to the

court in the precinct to which the case has been transferred. The court

receiving the case must then notify the plaintiff that the case has been

received and, if the case is transferred to a different county, that the plaintiff

has 14 days after receiving the notice to pay the filing fee in the new court,

or file a Statement of I nability to Afford Payment of Court Costs. The

plaintiff is not entitled to a refund of any fees already paid. Failure to pay

the fee or file a Statement will result in dismissal of the case without

prejudice.

(e) Fair Trial Venue Change. If a party believes it cannot get a fair trial in a specific precinct

or before a specific judge, the party may file a sworn motion stating such, supported by the

sworn statements of two other credible persons, and specifying if the party is requesting a

change of location or a change of judge. Except for good cause shown, this motion must

be filed no less than 7 days before trial. If the party seeks a change of judge, the judge

must exchange benches with another qualified justice of the peace, or if no judge is

available to exchange benches, the county judge must appoint a visiting judge to hear the

case. If the party seeks a change in location, the case must be transferred to the nearest

justice court in the county that is not subject to the same or some other disqualification. If

there is only one justice of the peace precinct in the county, then the judge must exchange

benches with another qualified justice of the peace, or if no judge is available to exchange

benches, the county judge must appoint a visiting judge to hear the case. A party may

apply for relief under this rule only one time in any given lawsuit.

(f) Transfer of Venue by Consent. On the written consent of all parties or their attorneys,

filed with the court, venue must be transferred to the court of any other justice of the peace

of the county, or any other county.