| (a) Witness Fees. Upon the subpoenaed witness's appearance
at the hearing, the party that issued the subpoena shall tender a
witness fee check or money order in the amount of $10 to the witness,
unless the witness waives the fee.
(b) Travel Reimbursement. If the witness traveled more
than 25 miles round-trip to the hearing from the witness's office
or residence, mileage reimbursement must also be tendered at the same
time. The amount of mileage reimbursement will be determined in accordance
with the travel rates established by the Comptroller of Public Accounts
at https://fmx.cpa.state.tx.us/fm/travel/travelrates.
(c) If the witness is a peace officer, then any amounts
for the witness fee and/or travel reimbursement shall be sent to the
peace officer's attention at the peace officer's employing law enforcement
agency.
(d) If the hearing is conducted by videoconference
or telephone conference call, then the party who issued the subpoena
shall mail the witness fee check or money order to the witness within
one business day of the conclusion of the hearing unless the witness
fails to appear at the hearing. Also within one business day of the
conclusion of the hearing, the party shall file with SOAH a certification
that the witness fee or money order was mailed to the witness. A copy
of the certification must be sent to the opposing party at the time
it is filed at SOAH.
(e) If a party who served a subpoena on a witness fails
to appear at a hearing, that party shall mail the witness fee check
or money order to the witness within one day from receipt of a default
decision or any other order issued by the judge ordering payment of
the fee and mileage reimbursement. Also within one day from receipt
of the judge's order, the party shall file with SOAH a certification
that the witness fee or money order was mailed to the witness. A copy
of the certification must be sent to the opposing party at the time
it is filed at SOAH.
(f) Procedures relating to witness fees and mileage
reimbursement if a subpoena request is denied or a subpoena is quashed
are governed by §159.105 of this chapter.
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