2005 Texas Civil Practice & Remedies Code CHAPTER 22. WITNESSES

CIVIL PRACTICE & REMEDIES CODE

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.