§ 102A.006.Venue

A venue provision that overrides the general venue chapter, and its second subsection is the unusual part.

Notwithstanding any other law, including Chapter 15, a claimant may bring the action in the county in which all or a substantial part of the events giving rise to the cause of action occurred, or if the defendant is a municipality, a county in which the municipality is located.

The override of the venue chapter is express, which forecloses the argument that the general mandatory venue provisions displace this.

The second option addresses a real feature of Texas geography. Many municipalities lie in more than one county, and a claimant suing such a city may choose among them.

Subsection (b) is the provision with teeth: where the action is brought in a venue this section authorizes, it may not be transferred to a different venue without the written consent of all parties.

That removes the transfer motion entirely. A local government cannot move the case, and neither can a court on its own.

The protection is aimed at a specific risk. A challenge to a city ordinance heard in the city’s own county may be a difficult forum for the claimant, and a transfer provision would allow the defendant to steer it.

"Written consent of all parties" is a demanding standard — not a majority, not the parties actively litigating, but everyone.

The venue rules complete a coherent scheme. Wide standing, a fee entitlement for the claimant alone, a clear immunity waiver, and a venue the claimant chooses and keeps.

The three-month notice requirement is the counterweight, and it is the only provision in the chapter that favours the local government.