- (a) Except as provided by Subsection (a-1), a custodian of a record who receives a request for production or certification of a record under a subpoena, a request for production, or other instrument issued under the authority of a tribunal that compels production or certification of a record is entitled to $1 for production or certification of the record. If more than one record is produced or certified, the custodian of the records is entitled to only one fee under this section.
- (a-1) A municipality that receives a request for production or certification of a record under a subpoena, a request for production, or other instrument in relation to a matter to which the municipality is not a party and that is issued under the authority of a tribunal that compels production or certification of a record is entitled to impose a fee for production or certification of the record in the same amount and manner provided by Subchapter F, Chapter 552, Government Code, for a charge for providing a copy of public information, as if the production or certification of the record is the provision of a copy of public information under that chapter.
- (b) A custodian of a record who produces or certifies a record under Subsection (a) or (a-1), but who is not required to appear in court, is not entitled to a witness fee under Section 22.001.
- (c) The party who requests production or certification of a record shall pay the fee required for the record, as provided by this section, at the time the subpoena, request, or other instrument is served.
- (d) The fee required by this section must be taxed in the bill of costs as other costs.
- (e) The fee required by this section is in addition to any other fee imposed by law for the production or certification of a record.
Added by Acts 1995, 74th Leg., ch. 452, Sec. 1, eff. June 9, 1995.
Acts 2023, 88th Leg., R.S., Ch. 74 (S.B. 569), Sec. 1, eff. September 1, 2023.