22 Tex. Admin. Code § 107.48
Subpoenas
Effective Nov 30, 199924 TexReg 10544Source Note: The provisions of this §107.48 adopted to be effective January 1, 1976; amended to be effective November 28, 1977, 2 TexReg 4410; amended to be effective November 21, 1978, 3 TexReg 3895; amended to be effective February 18, 1980, 5 TexReg 389; amended to be effective July 24, 1992, 17 TexReg 4948; amended to be effective November 30, 1999, 24 TexReg 10544.Texas Secretary of State
(a) A witness or deponent in a contested case who is not a party and who is subpoenaed or otherwise compelled to attend a hearing or proceeding to testify or give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purpose of a proceeding at the State Office of Administrative Hearing (SOAH) is entitled to receive:
- (1) $.18 for each mile, or a greater amount prescribed by state agency rules, for going to and returning from the place of the hearing or deposition if the place is more than 25 miles from the person's place of residence and the person uses the person's personally owned or leased motor vehicle for the travel;
- (2) Reimbursement of the transportation expenses of the witness or deponent for going to and returning from the place where the hearing is held or the deposition is taken, if the place is more than 25 miles from the person's place of residence and the person does not use the person's personally owned or leased motor vehicle for the travel;
- (3) Reimbursement of the meal and lodging expenses of the witness or deponent while going to and returning from the place where the hearing is held or deposition taken, if the place is more than 25 miles from the person's place of residence;
- (4) $25, or a greater amount prescribed by state agency rule, for each day or part of a day that the person is necessarily present.
- (b) A subpoena or commission requiring deposition shall be issued only after deposit with the agency of an amount sufficient to ensure payment of the expenses incident to the subpoena, the attendance of witnesses or deponents, or both.
- (c) Requests for issuance of subpoenas or commissions requiring deposition shall be directed to the agency not later than the tenth day before the date the witness or deponent is required to appear. The parties may agree to modify the time period prescribed by this section.
Source Note:The provisions of this §107.48 adopted to be effective January 1, 1976; amended to be effective November 28, 1977, 2 TexReg 4410; amended to be effective November 21, 1978, 3 TexReg 3895; amended to be effective February 18, 1980, 5 TexReg 389; amended to be effective July 24, 1992, 17 TexReg 4948; amended to be effective November 30, 1999, 24 TexReg 10544.