Text of article effective on January 01, 2025

Art. 31A.004. CHANGE OF VENUE ON DEFENDANT'S MOTION. (a) In a felony or misdemeanor case punishable by confinement, the court may grant a change of venue on the written motion of the defendant, supported by the defendant's affidavit and the affidavit of at least two credible persons who are residents of the county in which the prosecution is commenced, if the court determines that the defendant cannot obtain a fair and impartial trial in the county in which the prosecution is commenced as a result of:

(1) a prejudice against the defendant in the county; or

(2) a dangerous combination against the defendant in the county instigated by influential persons.

(b) An order changing venue under Subsection (a) to a county other than a county in the same judicial district as the county in which the case is pending or in an adjoining judicial district is grounds for reversal, if on timely contest by the defendant, the record of the contest affirmatively shows that any county in the judicial district in which the case is pending or in the adjoining judicial district is not subject to the same conditions that required the change of venue.

(c) On the defendant's motion and with the consent of the attorney representing the state, the court may transfer the case to another judicial district:

(1) for the convenience of the parties and witnesses and in the interest of justice; or

(2) if the defendant stipulates that the defendant will enter a plea of guilty.

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.