CHAPTER
22. WITNESSES
SUBCHAPTER A. WITNESSES
§ 22.001. Witness Fees
(a) Except as provided by Section 22.002, a witness is entitled
to 10 dollars for each day the witness attends court. This fee
includes the entitlement for travel and the witness is not entitled
to any reimbursement for mileage traveled.
(b) The party who summons the witness shall pay that witness's
fee for one day, as provided by this section, at the time the
subpoena is served on the witness.
(c) The witness fee must be taxed in the bill of costs as other
costs.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 103, § 1, eff. Jan.
1, 1994; Acts 1993, 73rd Leg., ch. 449, § 16, eff. Sept.
1, 1993.
§ 22.002. Distance for Subpoenas
A witness who is represented to reside 150 miles or less from
a county in which a suit is pending or who may be found within
that distance at the time of trial on the suit may be subpoenaed
in the suit.
Added by Acts 1993, 73rd Leg., ch. 103, § 1, eff. Jan.
1, 1994.
§ 22.003. Fees for Witnesses Summoned by a State Agency
(a) In this section:
(1) "Commercial lodging establishment" means a motel,
hotel, inn, apartment, or similar entity that offers lodging
to the public in exchange for compensation.
(2) "Commercial transportation company" means an entity
that offers transportation of people or goods to the public
in exchange for compensation.
(b) A witness summoned by a state agency is entitled to receive
from the agency:
(1) one dollar for each day the witness attends court;
(2) mileage at the rate provided by law for state employees
if the witness uses the witness's personally owned or leased
motor vehicle to attend court;
(3) reimbursement of the witness's transportation expenses if
the witness does not use the witness's personally owned or leased
motor vehicle to attend court; and
(4) reimbursement of the witness's meal and lodging expenses
while attending court if the court is at least 25 miles from
the witness's place of residence.
(c) A state agency may directly pay a commercial transportation
company for the transportation expenses and a commercial lodging
establishment for the lodging expenses of a witness if this
section otherwise requires the agency to reimburse the witness
for those expenses.
(d) A state agency may not pay a commercial transportation company
or a commercial lodging establishment or reimburse a witness
for transportation, meal, or lodging expenses under this section
at a rate that exceeds the maximum rates provided by law for
state employees.
(e) After receiving the witness's affidavit, the court clerk
shall issue a certificate showing the fees incurred under this
section.
(f) The witness fees must be taxed in the bill of costs as other
costs.
Added by Acts 1993, 73rd Leg., ch. 449, § 17, eff. Sept.
1, 1993. Renumbered from V.T.C.A., Civil Practice & Remedies
Code § 22.002 by Acts 1995, 74th Leg., ch. 76, § 17.01(2),
eff. Sept. 1, 1995.
§ 22.004. Fee for Production or Certification of Documents
(a) 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.
(b) A custodian of a record who produces or certifies a record
under Subsection (a), 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, § 1, eff. June 9, 1995.
SUBCHAPTER B. PRIVILEGES
§ 22.011. Privilege From Arrest
(a) A witness is privileged from arrest while attending, going
to, and returning from court.
(b) The privilege provided by this section extends for a period
computed by allowing one day of travel for each 150 miles of
the distance from the courthouse to the witness's residence.
(c) This section does not apply to an arrest for a felony, treason,
or breach of the peace.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 103, § 1, eff. Jan.
1, 1994.
