CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 31A.  CHANGE OF VENUE

SUBCHAPTER A.  AUTHORITY TO CHANGE VENUE


Text of article effective on January 01, 2025

Art. 31A.001.  CHANGE OF VENUE ON JUDGE'S OWN MOTION.  (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.
(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.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.