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§ 15.018.Federal Employers' Liability Act

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 15. Venue · Subchapter B. Mandatory Venue · Last amended 2007 · Last verified August 29, 2026

In one sentenceSection 15.018 fixes venue for Federal Employers' Liability Act suits in the county of the events, the defendant's Texas principal office, or the plaintiff's residence at accrual.

Full Text of § 15.018

Text sizeJump to: (a) (b)

(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.
End

Plain-English Summary

FELA gives railroad workers a federal negligence remedy that can be brought in state court, and this section says where in Texas.

Subsection (a) limits the section to FELA suits — 45 U.S.C. Section 51 and following — and nothing else.

Three counties are allowed: where all or a substantial part of the events or omissions giving rise to the claim occurred; where the defendant's principal office in this state is located; or where the plaintiff resided when the cause of action accrued.

The options track the general venue rule closely, which is the point — the section makes FELA venue predictable rather than special, and forecloses arguments that a federal cause of action carries its own venue rules into state court.

Railroads operate across many counties, and without a fixed rule a FELA plaintiff could file almost anywhere track runs. This confines the choice to counties with a genuine connection to the claim, the employer, or the worker.

Note the word "shall". This is mandatory venue in Subchapter B, not a menu added to the general rule — a FELA suit filed outside the three counties is subject to transfer.

FELA matters to railroad workers because they have no workers' compensation. Railroad employees are outside the state system and must prove employer negligence instead, which makes the forum question a real one rather than an administrative detail.

The Jones Act provision immediately following is its maritime twin, with the same three counties.

Frequently Asked Questions

Where can a railroad worker file a FELA suit in Texas?

In the county where all or a substantial part of the events occurred, where the defendant's principal Texas office is, or where the worker resided when the claim accrued.

Can a FELA suit be filed anywhere the railroad operates?

No. The section is mandatory and confines the choice to the three counties it names.

Why do railroad workers use FELA at all?

Because they are outside the state workers' compensation system. FELA requires proof of employer negligence rather than providing no-fault benefits.

Amendment History

  • Added by Acts 1995, 74th Leg., ch. 138, Sec. 2, eff. Aug. 28, 1995.
  • Amended by:
  • Acts 2007, 80th Leg., R.S., Ch. 203 (H.B. 1602), Sec. 1, eff. May 24, 2007.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source