2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.103. Expenses of Witness or Deponent

Sec. 2001.103.  EXPENSES OF WITNESS OR DEPONENT.  (a)  A witness or deponent in a contested case who is not a party and who is subpoenaed or otherwise compelled to attend a 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 a proceeding under this chapter is entitled to receive:
(1)  10 cents for each mile, or a greater amount prescribed by state agency rule, for going to and returning from the place of the hearing or deposition if the place is more than 25 miles from the person's place of residence and the person uses the person's personally owned or leased motor vehicle for the travel;
(2)  reimbursement of the transportation expenses of the witness or deponent for going to and returning from the place where the hearing is held or the deposition is taken, if the place is more than 25 miles from the person's place of residence and the person does not use the person's personally owned or leased motor vehicle for the travel;
(3)  reimbursement of the meal and lodging expenses of the witness or deponent while going to and returning from the place where the hearing is held or deposition is taken, if the place is more than 25 miles from the person's place of residence;  and
(4)  $10, or a greater amount prescribed by state agency rule, for each day or part of a day that the person is necessarily present.
(b)  Amounts required to be reimbursed or paid under this section shall be reimbursed or paid by the party or agency at whose request the witness appears or the deposition is taken.  An agency required to make a payment or reimbursement shall present to the comptroller vouchers:
(1)  sworn by the witness or deponent;  and
(2)  approved by the agency in accordance with Chapter 2103.
(c)  An agency may directly pay a commercial transportation company for the transportation expenses or a commercial lodging establishment for the lodging expenses of a witness or deponent if this section otherwise requires the agency to reimburse the witness or deponent for those expenses.
(d)  An agency may not pay a commercial transportation company or commercial lodging establishment or reimburse a witness or deponent for transportation, meal, or lodging expenses under this section at a rate that exceeds the maximum rates provided by law for state employees.  An agency may not adopt rules that provide for payment or reimbursement rates that exceed those maximum rates.
(e)  In this section:
(1)  "Commercial lodging establishment" means a motel, hotel, inn, apartment, or similar entity that offers lodging to the public in exchange for compensation.
(2)  "Commercial transportation company" means an entity that offers transportation of people or goods to the public in exchange for compensation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.20(a), eff. Sept. 1, 1995.