By Eiland H.B. No. 725
75R261 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the summoning and payment of witnesses in certain civil
1-3 suits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.001(a), Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 (a) Except as otherwise provided by this subchapter [Section
1-8 22.002], a witness is entitled to 10 dollars for each day the
1-9 witness attends court. This fee includes the entitlement for
1-10 travel and the witness is not entitled to any reimbursement for
1-11 mileage traveled.
1-12 SECTION 2. Section 22.002, Civil Practice and Remedies Code,
1-13 is amended to read as follows:
1-14 Sec. 22.002. DISTANCE FOR SUBPOENAS. (a) A witness who is
1-15 represented to reside 150 miles or less from a county in which a
1-16 suit is pending or who may be found within that distance at the
1-17 time of trial on the suit may be subpoenaed in the suit.
1-18 (b) A witness who is represented to reside more than 150
1-19 miles from a county in which a suit is pending or who may be found
1-20 at that distance at the time of trial on the suit may be subpoenaed
1-21 in the suit if:
1-22 (1) the suit is pending in a district court;
1-23 (2) the witness is also represented to reside or to be
1-24 found in this state; and
2-1 (3) the witness has not given a deposition in the
2-2 suit.
2-3 (c) A witness who is subpoenaed under Subsection (b) is
2-4 entitled to receive from the person summoning the witness:
2-5 (1) $10 for each day the witness attends court;
2-6 (2) reimbursement of the witness's reasonable travel
2-7 expenses in attending court; and
2-8 (3) reimbursement of the witness's reasonable meal and
2-9 lodging expenses while attending court.
2-10 SECTION 3. This Act takes effect September 1, 1997, and
2-11 applies to the summoning and payment of a witness in a civil suit
2-12 without regard to whether the suit was commenced before, on, or
2-13 after that date.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.