1. (a) Issuance of commissions. A request for issuance of a commission requiring deposition shall be directed to the TWCC Chief Clerk in the commission's central office. On the written request of any party in compliance with the requirements set forth below the commission shall issue a commission addressed to the several officers authorized by statute to take depositions in accordance with the APA, §2001.094. On the written request of any party in compliance with the requirements set forth below the TWCC Chief Clerk shall issue a commission to require that the witness appear and produce, at the time the deposition is taken, books, records, papers, or other objects that may be necessary and proper for the purpose of the proceeding.
2. (b) Commission not required for party. The issuance of a commission requiring deposition is not required if the witness is a party or is retained by, employed by, or otherwise subject to the control of a party. Service of the notice of oral deposition upon the party or the party's representative shall be sufficient.
3. (c) Deposition of a member of an agency, board or commission. The deposition of a member of an agency, board or commission shall not be taken after a hearing date has been set.

4. (d) Requests for commissions requiring deposition. A request for a commission requiring deposition shall be in writing addressed to the TWCC Chief Clerk and shall comply with the following:

   1. (1) The request shall include the commission requiring deposition sought to be issued prepared for the signature of the TWCC Chief Clerk.
   2. (2) The commission requiring deposition shall be addressed to an officer authorized by statute to take a deposition in accordance with the APA, §2001.094. The request shall contain the name and address of the applicable officer authorized to take the deposition, the date, time and place where either the witness is to appear and give testimony or where the written deposition responses are to be sent, a detailed description of any items the witness will be required to produce, and a statement showing date of execution and return of the commission requiring deposition to the TWCC Chief Clerk.
   3. (3) The request shall include a good faith itemized estimate of the amount likely to accrue under §148.20 of this title (relating to Reimbursement, Travel Expenses, and Fees for Witnesses and Deponents) and include a deposit of the same amount as required by Texas Government Code §2001.094(a) (related to Issuance of Commission Requiring Deposition). The deposit shall be certified check, money order, or other negotiable instrument satisfactory to the commission.
   4. (4) The party seeking the commission requiring deposition should coordinate with the other party or parties and with the witness to determine a mutually agreeable location and time for the attendance of the witness. The request for commission requiring deposition shall state whether such coordination has been made and whether the proposed location and time is by mutual agreement with the parties and witness.
   5. (5) The party seeking the commission requiring deposition which includes a requirement for production should coordinate with the other party or parties, and with the person from whom production is sought, to determine a mutually agreeable location and time for the requested production. The request for the commission requiring deposition shall state whether such coordination has been made and whether the proposed location and time is by mutual agreement with the parties and the person from whom production is sought.
5. (e) Application of the APA. Matters related to deposition conduct, use, opening, and any other matters relating to depositions not covered by these rules shall be in accordance with the requirements of the APA, Chapter 2001.
6. (f) Failure to comply with commission requiring deposition. If a person fails to comply with a commission requiring deposition, the commission, acting through the attorney general, or the party requesting the subpoena or commission, may bring suit to enforce the subpoena or commission in a district court in Travis County. This remedy is not exclusive. The commission may enforce the subpoena or commission requiring deposition in any manner permitted by the Act, the APA, or the rules of the commission.

Source Note:The provisions of this §148.11 adopted to be effective June 9, 2005, 30 TexReg 3237.