Tex. Code Crim. Proc. art. 24.01

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 24.01 - [Effective 1/1/2025] Issuance of Subpoenas

(a) A subpoena may summon one or more persons to appear:

(1) before a court to testify in a criminal action at a specified term of the court or on a specified day; or

(2) on a specified day:

(A) before an examining court;

(B) at a coroner's inquest;

(C) before a grand jury;

(D) at a habeas corpus hearing; or

(E) in any other proceeding in which the person's testimony may be required in accordance with this code.

(b) The person named in the subpoena to summon the person whose appearance is sought must be:

(1) a peace officer; or

(2) a least 18 years old and, at the time the subpoena is issued, not a participant in the proceeding for which the appearance is sought.

(c) A person who is not a peace officer may not be compelled to accept the duty to execute a subpoena, but if the person agrees in writing to accept that duty and neglects or refuses to serve or return the subpoena, the person may be punished in accordance with Article 2A.055 .

(d) A court or clerk issuing a subpoena shall sign the subpoena and indicate on it the date it was issued, but the subpoena need not be under seal.

Tex. Code Crim. Proc. § 24.01

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 2.017, eff. 1/1/2025.

Amended by Acts 1981, 67th Leg., p. 503, ch. 209, Sec. 1, eff. 9/1/1981.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. 1/1/1966.

This section is set out more than once due to postponed, multiple, or conflicting amendments.