§ 15.038.Other Permissive Venue
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 15. Venue · Subchapter C. Permissive Venue · Last amended 1985 · Last verified August 29, 2026
Full Text of § 15.038
Plain-English Summary
The permissive counterpart to the mandatory pointer, and it works the same way.
An action governed by any other statute prescribing permissive venue may be brought in the county that statute allows.
Like its mandatory twin, this keeps the definition of proper venue complete and means the venue analysis is not finished by reading chapter 15 alone. Permissive provisions appear across the Texas codes, and each one adds a county to the plaintiff's options.
The difference from the mandatory pointer matters. A permissive provision expands choice and can be given up by filing elsewhere; a mandatory one restricts it and can be enforced by mandamus.
A permissive county is still a proper county. Once a plaintiff files in one, a defendant cannot obtain a transfer merely by showing that some other county would also have been proper — the general rule fixes venue on the plaintiff's choice among proper counties.
But a permissive provision never beats a mandatory one. If any mandatory provision applies to the suit, whether in Subchapter B or imported from another code, it controls and the permissive option falls away.
The practical use is defensive as much as offensive: a plaintiff resisting a transfer motion should check whether an outside statute makes the chosen county proper, since chapter 15 alone may not say so.
Frequently Asked Questions
Are all permissive venue rules in chapter 15?
No. This section imports permissive venue provisions from other Texas codes, and each one adds a county to the plaintiff's options.
What is the difference between mandatory and permissive venue?
A permissive provision adds a county the plaintiff may choose. A mandatory one requires a particular county and is enforceable by mandamus.
Can a defendant transfer a case out of a permissive county?
Not merely by showing another county would also be proper. A permissive county is a proper county, and the plaintiff's choice among proper counties stands.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.