(a) In a felony or misdemeanor case punishable by confinement, if the judge is satisfied that a fair and impartial trial cannot be held for any reason in the county in which the case is pending, the judge may on the judge’s own motion, after providing reasonable notice to the defendant and the state and hearing evidence on the motion, order a change of venue to:
(1) any county in the same judicial district as the county in which the case is pending or in an adjoining judicial district; or
(2) any county not described by Subdivision (1), after 10 days’ notice is provided.
(b) An order changing venue under Subsection (a) must state the grounds for the change of venue.

Terms Used In Texas Code of Criminal Procedure 31A.001

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.

(c) An order changing venue under Subsection (a)(2) is grounds for reversal if, on timely contest by the defendant, the record of the contest affirmatively shows that any county described by Subsection (a)(1) is not subject to the same conditions that required the change of venue.


Text of article effective on January 01, 2025

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