By: Thompson, S. H.B. No. 887
73R2846 DAK-F
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.