Last amended September 1, 1983 · Last verified June 28, 2026
In one sentenceRule 259 sets where a case goes when a change of venue is granted — generally a county of proper venue in the same or an adjoining district or county — and lets the parties agree on the destination.
If the motion under Rule 257 is granted, the cause shall be removed:
(a)If from a district court, to any county of proper venue in the same or an adjoining district;
(b)If from a county court, to any adjoining county of proper venue;
(c)If (a) or (b) are not applicable, to any county of proper venue;
(d)If a county of proper venue (other than the county of suit) cannot be found, then if from
(1)A district court, to any county in the same or an adjoining district or to any district where an impartial trial can be had;
(2)A county court, to any adjoining county or to any district where an impartial trial can be had; but the parties may agree that venue shall be changed to some other county, and the order of the court shall conform to such agreement.
End
Plain-English Summary
Rule 259 routes a transferred case. When a Rule 257 motion is granted, a case from a district court goes to a county of proper venue in the same or an adjoining district, and a case from a county court to an adjoining county of proper venue. If neither fits, it goes to any county of proper venue, and if no proper-venue county can be found, to a county or district where an impartial trial can be had. The parties may instead agree on the destination county, and the court's order must conform to their agreement.
Frequently Asked Questions
Where does a Texas case go after a change of venue?
Under Rule 259, generally to a county of proper venue in the same or an adjoining district or county. The parties may also agree on the destination, and the court's order follows their agreement.
Does it matter whether the case started in district or county court for venue transfer purposes?
Yes. Rule 259 sends a district court case to a county of proper venue in the same or an adjoining district, while a county court case goes to an adjoining county of proper venue.
What happens if no nearby county has proper venue after a Texas venue change?
Rule 259 widens the search. If no adjoining county or district has proper venue, the case can go to any county of proper venue, and if none can be found at all, to a county or district where an impartial trial can be had.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 259), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:to what countyvenue change destinationtransfer countydestination county for venue changeTRCP 259