§ 15.002.Venue: General Rule

Where no mandatory or permissive provision applies, this section decides where suit is brought, and it offers four counties in a fixed order.

First, the county in which all or a substantial part of the events or omissions giving rise to the claim occurred. Second, the county of the defendant's residence at the time the cause of action accrued, if the defendant is a natural person. Third, the county of the defendant's principal office in this state, if the defendant is not a natural person. Fourth, and only if none of the first three applies, the county where the plaintiff resided when the claim accrued.

The first three are alternatives, not a hierarchy the plaintiff must work through — a plaintiff may choose among the counties that qualify. The fourth is a genuine fallback, available only when the others fail.

Subsection (b) is the convenience transfer, and it is unusual. A court may transfer from one county of proper venue to another county of proper venue for the convenience of the parties and witnesses and in the interest of justice — but only on a defendant's motion filed concurrently with or before the answer, and only on all three findings: maintaining the action where filed would work an injustice to the movant considering economic and personal hardship; the balance of all parties' interests predominates in favour of the other county; and the transfer would not work an injustice to any other party.

Subsection (c) makes the ruling unreviewable. A decision to grant or deny a convenience transfer is not grounds for appeal or mandamus and is not reversible error. That is a rare grant of unreviewable discretion, and it means the motion is decided once, by the trial court, permanently.