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§ 15.019.Inmate Litigation

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 15. Venue · Subchapter B. Mandatory Venue · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 15.019 requires an inmate's suit that accrued in custody to be brought in the county where the facility is located, except for mandamus against a state department head.

Full Text of § 15.019

Text sizeJump to: (a) (b) (c)

(a)Except as provided by Section 15.014, an action that accrued while the plaintiff was housed in a facility operated by or under contract with the Texas Department of Criminal Justice shall be brought in the county in which the facility is located.
(b)An action brought by two or more plaintiffs that accrued while the plaintiffs were housed in a facility operated by or under contract with the Texas Department of Criminal Justice shall be brought in a county in which a facility that housed one of the plaintiffs is located.
(c)This section does not apply to an action brought under the Family Code.
End

Plain-English Summary

Claims arising inside a correctional facility are venued at the facility rather than wherever the inmate or the department might otherwise be sued.

An action that accrued while the plaintiff was housed in a facility operated by or under contract with the Texas Department of Criminal Justice must be brought in the county where the facility is located. For a suit by two or more such plaintiffs, venue lies in a county where a facility housing one of them is located.

The rule keeps witnesses, records, and the defendant staff in the county of trial, which matters when the witnesses are officers and other inmates who cannot travel freely.

Two carve-outs. Mandamus against the head of a state department goes to Travis County under the earlier section, which is excepted expressly. And the section does not apply to an action brought under the Family Code — an inmate's divorce or parental rights case follows family law venue rules instead.

The provision sits alongside the separate inmate litigation chapters governing affidavits of inability to pay and grievance exhaustion, which are procedural gates rather than venue rules.

Frequently Asked Questions

Where does an inmate file a lawsuit about prison conditions?

In the county where the facility is located, if the claim accrued while housed there.

Are there exceptions to inmate litigation venue?

Two. Mandamus against a state department head goes to Travis County, and Family Code actions are outside the section.

What if several inmates sue together?

Venue lies in a county in which a facility housing one of the plaintiffs is located.

Amendment History

  • Added by Acts 1995, 74th Leg., ch. 378, Sec. 1, eff. June 8, 1995.
  • Renumbered from Civil Practice and Remedies Code Sec. 15.018 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(3), eff. Sept. 1, 1997.
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