Tex. Civ. Prac. & Rem. Code § 171.096 · Subchapter D. COURT PROCEEDINGS
PLACE OF FILING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as otherwise provided by this section, a party must file the initial application:
(1) in the county in which an adverse party resides or has a place of business or in the business court; or
(2) if an adverse party does not have a residence or place of business in this state, in any county or in the business court.
(b) If the agreement to arbitrate provides that the hearing before the arbitrators is to be held in a county in this state, a party must file the initial application with the clerk of the court of that county or with the clerk of the business court.
(c) If a hearing before the arbitrators has been held, a party must file the initial application with the clerk of the court of the county in which the hearing was held or with the clerk of the business court.
(d) Consistent with Section 171.024, if a proceeding is pending in a court relating to arbitration of an issue subject to arbitration under an agreement before the filing of the initial application, a party must file the initial application and any subsequent application relating to the arbitration in that court.
(e) An initial application filed in the business court must plead facts to establish venue in a county in a division of the business court as provided by Subsection (a)(1) or (2), (b), or (c), as applicable.
Notes and commentary — not statutory text
History
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 912 (H.B. 40), Sec. 30, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.171.htm
- Text hash
- sha256 ea399ab3ace74553bc7263a854aea60d337c8e1716a2f9e6d78dcf1f6a8bb925
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
Cited by 5 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 171.096. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 171.024PLACE FOR MAKING APPLICATION.Printed as Section 171.096
- Tex. Civ. Prac. & Rem. Code § 171.097TRANSFER.Printed as Section 171.096
- Tex. Civ. Prac. & Rem. Code § 172.172ASSISTANCE IN TAKING EVIDENCE.Printed as Section 171.096
- Tex. Civ. Prac. & Rem. Code § 172.173CONSOLIDATION.Printed as Section 171.096
- Tex. Civ. Prac. & Rem. Code § 172.175INTERIM ORDERS.Printed as Section 171.096
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.