1-1 By: Brown S.B. No. 328
1-2 (In the Senate - Filed February 11, 1993; February 15, 1993,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 30, 1993, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; March 30, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to witness fees, privileges, and appearances in court.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Chapter 22, Civil Practice and Remedies Code, is
1-20 amended to read as follows:
1-21 CHAPTER 22. WITNESSES
1-22 SUBCHAPTER A. WITNESSES
1-23 Sec. 22.001. WITNESS FEE <FEES>. (a) A witness is entitled
1-24 to 10 dollars<:>
1-25 <(1) one dollar> for each day the witness attends
1-26 court<; and>
1-27 <(2) six cents for each mile the witness travels in
1-28 going to and returning from court>. This fee includes the
1-29 entitlement for travel, and the witness is not entitled to any
1-30 reimbursement for mileage traveled.
1-31 (b) <After receiving the witness's affidavit, the court
1-32 clerk shall issue a certificate stating the fees incurred under
1-33 this section.>
1-34 <(c)> The party who summons the witness shall pay that
1-35 witness's fee for one day, as <fees> provided <for> by this
1-36 section, at the time the subpoena is served on the witness.
1-37 (c) <(d)> The witness fee <fees> must be taxed in the bill
1-38 of costs as other costs.
1-39 Sec. 22.002. DISTANCE FOR SUBPOENAS. A witness who is
1-40 represented to reside 150 miles or less from a county in which a
1-41 suit is pending or who may be found within that distance at the
1-42 time of trial on the suit may be subpoenaed in the suit.
1-43 SUBCHAPTER B. PRIVILEGES
1-44 Sec. 22.011. Privilege From Arrest. (a) A witness is
1-45 privileged from arrest while attending, going to, and returning
1-46 from court.
1-47 (b) The privilege provided by this section extends for a
1-48 period computed by allowing one day of travel for each 150 <25>
1-49 miles of the distance from the courthouse to the witness's
1-50 residence.
1-51 (c) This section does not apply to an arrest for a felony,
1-52 treason, or breach of the peace.
1-53 SECTION 2. This Act takes effect January 1, 1994.
1-54 SECTION 3. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended.
1-59 * * * * *
1-60 Austin,
1-61 Texas
1-62 March 30, 1993
1-63 Hon. Bob Bullock
1-64 President of the Senate
1-65 Sir:
1-66 We, your Committee on Jurisprudence to which was referred S.B.
1-67 No. 328, have had the same under consideration, and I am instructed
1-68 to report it back to the Senate with the recommendation that it do
2-1 pass and be printed.
2-2 Henderson,
2-3 Chairman
2-4 * * * * *
2-5 WITNESSES
2-6 FOR AGAINST ON
2-7 ___________________________________________________________________
2-8 Name: Harry L. Tindall x
2-9 Representing: Self
2-10 City: Houston
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