31 Tex. Admin. Code § 17.47 - Subpoenas
(a) The issuance of subpoenas in any
proceeding shall be governed by the Texas Government Code, §
2001.089. The General
Land Office may issue subpoenas addressed to any sheriff or constable to
require the attendance of witnesses and the production of books, records,
papers, or other objects as may be necessary and proper for the purposes of a
proceeding. A subpoena may be issued by the commissioner, the chief clerk, or
during the course of a hearing, by a hearing examiner.
(b) Motions for subpoenas to compel the
production of books, records, papers, or other objects shall be addressed to
the hearing examiner, shall be verified, and shall specify as specifically as
possible the books, records, papers, or other objects desired.
(c) Subpoenas shall be issued only after a
showing of good cause and after the deposit of sufficient funds to ensure
payment of expenses incident to the issuance of such subpoenas. Service of
subpoenas and payment of witness fees shall be made in the manner prescribed in
the Texas Government Code, §
2001.103.
(d) A witness or deponent who is not a party
and who is subpoenaed or otherwise compelled to attend any hearing or
proceeding to give a deposition or to produce books, records, papers, or other
objects that may be necessary and proper for the purposes of the proceeding
under the authority of this section is entitled to receive:
(1) mileage of $.10 a mile, or a greater
amount as prescribed by agency rule, for going to, and returning from the place
of the hearing or the place where the deposition is taken, if the place is more
than 25 miles from the person's place of residence; and
(2) a fee of $10 a day, or a greater amount
as prescribed by agency rule, for each day or part of a day the person is
necessarily present as a witness or deponent.
(e) Mileage and fees to which a witness is
entitled under this section shall be paid by the party or agency at whose
request the witness appears or the deposition is taken, on presentation of
proper vouchers sworn by the witness and approved by the agency.
Notes
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