§ 15.063.Transfer
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 15. Venue · Subchapter D. General Provisions · Last amended 1985 · Last verified August 29, 2026
Full Text of § 15.063
Plain-English Summary
The transfer provision, and the timing requirement is where cases are lost.
The court shall transfer to another county of proper venue on a motion filed and served concurrently with or before the filing of the answer, if any of three grounds is shown.
First, the county where the action is pending is not a proper county under the chapter. Second, an impartial trial cannot be had there. Third, written consent of the parties to transfer to any other county — and consent may be filed at any time, which is the one ground with no deadline.
The deadline is the trap. A venue objection must be raised with or before the answer. Filing an answer first and moving to transfer afterwards waives the objection, and the case stays where it is however wrong the county was.
Transfer is mandatory once a ground is established — the court has no discretion to keep a case in an improper county. That distinguishes it sharply from the convenience transfer in the general venue section, which is discretionary and unreviewable.
Frequently Asked Questions
When must I object to venue in Texas?
By a motion filed and served concurrently with or before your answer. Answering first waives the objection.
What are the grounds for transfer?
The county is not proper, an impartial trial cannot be had there, or the parties consent in writing.
Is transfer discretionary?
No. The court shall transfer once a ground is established. That differs from the convenience transfer, which is discretionary and unreviewable.
Is there a deadline for a transfer by consent?
No. Written consent of the parties may be filed at any time.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.