Section 17.47 - Subpoenas(a) The issuance of subpoenas in any proceeding shall be governed by the Texas Government Code, § 2001.089. The General Land Office may issue subpoenas addressed to any sheriff or constable to require the attendance of witnesses and the production of books, records, papers, or other objects as may be necessary and proper for the purposes of a proceeding. A subpoena may be issued by the commissioner, the chief clerk, or during the course of a hearing, by a hearing examiner.(b) Motions for subpoenas to compel the production of books, records, papers, or other objects shall be addressed to the hearing examiner, shall be verified, and shall specify as specifically as possible the books, records, papers, or other objects desired.(c) Subpoenas shall be issued only after a showing of good cause and after the deposit of sufficient funds to ensure payment of expenses incident to the issuance of such subpoenas. Service of subpoenas and payment of witness fees shall be made in the manner prescribed in the Texas Government Code, § 2001.103.(d) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding to give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purposes of the proceeding under the authority of this section is entitled to receive: (1) mileage of $.10 a mile, or a greater amount as prescribed by agency rule, for going to, and returning from the place of the hearing or the place where the deposition is taken, if the place is more than 25 miles from the person's place of residence; and(2) a fee of $10 a day, or a greater amount as prescribed by agency rule, for each day or part of a day the person is necessarily present as a witness or deponent.(e) Mileage and fees to which a witness is entitled under this section shall be paid by the party or agency at whose request the witness appears or the deposition is taken, on presentation of proper vouchers sworn by the witness and approved by the agency.31 Tex. Admin. Code § 17.47
The provisions of this §17.47 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334