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A BILL TO BE ENTITLED
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AN ACT
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relating to the service of a subpoena for the attendance of a law |
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enforcement agency employee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 23, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. SUBPOENAS |
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Sec. 23.251. SERVICE OF SUBPOENA FOR ATTENDANCE OF LAW |
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ENFORCEMENT EMPLOYEES. (a) In this section, "law enforcement |
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agency" has the meaning assigned by Article 59.01(5), Code of |
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Criminal Procedure. |
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(b) Each law enforcement agency shall designate an |
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individual within the agency to receive subpoenas for the |
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attendance of a law enforcement agency employee. Service of a |
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subpoena for the attendance of an agency employee on the designated |
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individual is considered service on the employee named in the |
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subpoena. |
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(c) The designated individual described by Subsection (b) |
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shall receive subpoenas for the attendance of a law enforcement |
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employee at the law enforcement agency's main office during the law |
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enforcement agency's normal business hours. The law enforcement |
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agency shall designate another individual within the agency to |
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accept a subpoena for the attendance of a law enforcement agency |
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employee if the designated individual is unavailable. |
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(d) The designated individual described by Subsection (b) |
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shall provide the subpoena to the employee named in the subpoena as |
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soon as practicable. The court presiding over the case for which |
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the subpoena was issued may require the designated individual and |
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law enforcement agency of the designated individual to pay court |
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costs incurred as a result of a failure to accept a subpoena or to |
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provide the subpoena to the employee named in the subpoena. |
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(e) The law enforcement agency shall post the address, |
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location, and name of the designated individual described by |
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Subsection (b) on the agency's Internet website, if any, and a |
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bulletin board in each courthouse in the county in which the |
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agency's main office is located. |
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SECTION 2. Subchapter A, Chapter 22, Civil Practice and |
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Remedies Code, is amended by adding Section 22.0025 to read as |
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follows: |
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Sec. 22.0025. SUBPOENAS FOR ATTENDANCE OF LAW ENFORCEMENT |
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AGENCY EMPLOYEES. Notwithstanding any other provision of this |
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code, the requirements for a subpoena for the attendance of a law |
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enforcement agency employee in a civil action are governed by |
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Section 23.251, Government Code. |
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SECTION 3. Article 24.04(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Except as otherwise provided by Section 23.251, |
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Government Code, a [A] subpoena is served by: |
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(1) reading the subpoena in the hearing of the |
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witness; |
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(2) delivering a copy of the subpoena to the witness; |
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(3) electronically transmitting a copy of the |
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subpoena, acknowledgment of receipt requested, to the last known |
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electronic address of the witness; or |
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(4) mailing a copy of the subpoena by certified mail, |
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return receipt requested, to the last known address of the witness |
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unless: |
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(A) the applicant for the subpoena requests in |
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writing that the subpoena not be served by certified mail; or |
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(B) the proceeding for which the witness is being |
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subpoenaed is set to begin within seven business days after the date |
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the subpoena would be mailed. |
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SECTION 4. The change in law made by this Act applies only |
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to a subpoena issued on or after the effective date of this Act. A |
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subpoena issued before the effective date of this Act is governed by |
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the law in effect on the date the subpoena was issued, and that law |
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continues in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |