§ 15.014.Head of State Department
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 15. Venue · Subchapter B. Mandatory Venue · Last amended 1985 · Last verified August 29, 2026
Full Text of § 15.014
Plain-English Summary
An action for mandamus against the head of a department of state government shall be brought in Travis County.
Travis County is where state government sits, and concentrating these actions there produces a body of judges familiar with administrative practice and keeps a single agency from facing inconsistent mandamus orders from courts across 254 counties.
The section is confined to mandamus against a department head. Other suits against the state or its agencies follow other rules, and an action against a subordinate official is not automatically covered — the target must be the head of the department.
It is carved out of the inmate litigation provision, which otherwise fixes venue where the facility is located — so an inmate seeking mandamus against a department head files in Travis County rather than at the prison.
Mandamus here means the trial-court remedy, an action compelling an official to perform a duty the law leaves them no discretion about. It is not the appellate mandamus by which a court of appeals corrects a trial judge, which has its own rules and its own forum.
The venue is mandatory, sitting in Subchapter B, so it cannot be waived and the joinder provisions pull other claims from the same transaction to Travis County with it.
Read it alongside the two provisions on suing counties and smaller political subdivisions, which run the other way: those keep local government litigation local. State-level officials are centralised; local ones are not.
Frequently Asked Questions
Where do I file a mandamus action against a state agency head?
Travis County. The venue is mandatory.
Does this cover all suits against state officials?
No. It applies to mandamus against the head of a department of state government.
Does it apply to inmate suits?
Yes, and it takes precedence — the inmate litigation provision expressly excepts this section.
Is this the same as mandamus in an appellate court?
No. This is the trial-court action compelling an official to perform a nondiscretionary duty, not the appellate remedy directed at a trial judge.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.