By Stiles H.B. No. 941
74R2470 DD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the service and return of a subpoena in a criminal
1-3 proceeding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 24.04, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 24.04. SERVICE AND RETURN OF SUBPOENA. (a) A subpoena
1-8 is served by:
1-9 (1) reading the subpoena <same> in the hearing of the
1-10 witness;
1-11 (2) <or by> delivering a copy of the subpoena to the
1-12 witness; or
1-13 (3) mailing a copy of the subpoena by certified mail,
1-14 return receipt requested, to the last known address of the witness.
1-15 (b) The officer having the subpoena shall make due return
1-16 thereof, showing the time and manner of service, if served under
1-17 Subsection (a)(1) or (2) of this article, or the return receipt, if
1-18 served under Subsection (a)(3) of this article. If the subpoena
1-19 is <and if> not served, the officer <he> shall show in his return
1-20 the cause of his failure to serve it. If a mailed subpoena is
1-21 returned undelivered, the officer shall use due diligence to locate
1-22 and serve the witness. If <; and if> the witness could not be
1-23 found, the officer <he> shall state the diligence he has used to
1-24 find him, and what information he has as to the whereabouts of the
2-1 witness.
2-2 SECTION 2. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended,
2-7 and that this Act take effect and be in force from and after its
2-8 passage, and it is so enacted.