73R2846 DAK-F
          By Thompson of Harris                                  H.B. No. 887
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to witness fees, privileges, and appearances in court.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 22, Civil Practice and Remedies Code, is
    1-5  amended to read as follows:
    1-6                        CHAPTER 22.  WITNESSES
    1-7                       SUBCHAPTER A.  WITNESSES
    1-8        Sec. 22.001.  WITNESS FEE <FEES>.  (a)  A witness is entitled
    1-9  to 10 dollars<:>
   1-10              <(1)  one dollar> for each day the witness attends
   1-11  court<; and>
   1-12              <(2)  six cents for each mile the witness travels in
   1-13  going to and returning from court>.  This fee includes the
   1-14  entitlement for travel and the witness is not entitled to any
   1-15  reimbursement for mileage traveled.
   1-16        (b)  <After receiving the witness's affidavit, the court
   1-17  clerk shall issue a certificate stating the fees incurred under
   1-18  this section.>
   1-19        <(c)>  The party who summons the witness shall pay that
   1-20  witness's fee for one day, as <fees> provided <for> by this
   1-21  section, at the time the subpoena is served on the witness.
   1-22        (c) <(d)>  The witness fee <fees> must be taxed in the bill
   1-23  of costs as other costs.
   1-24        Sec. 22.002.  DISTANCE FOR SUBPOENAS.  A witness who is
    2-1  represented to reside 150 miles or less from a county in which a
    2-2  suit is pending or who may be found within that distance at the
    2-3  time of trial on the suit may be subpoenaed in the suit.
    2-4                       SUBCHAPTER B.  PRIVILEGES
    2-5        Sec. 22.011.  Privilege From Arrest.  (a)  A witness is
    2-6  privileged from arrest while attending, going to, and returning
    2-7  from court.
    2-8        (b)  The privilege provided by this section extends for a
    2-9  period computed by allowing one day of travel for each 150 <25>
   2-10  miles of the distance from the courthouse to the witness's
   2-11  residence.
   2-12        (c)  This section does not apply to an arrest for a felony,
   2-13  treason, or breach of the peace.
   2-14        SECTION 2.  This Act takes effect January 1, 1994.
   2-15        SECTION 3.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.