SECTION 5.454. Witness Fees

(a) The following information is required for claim processing:

(1) The witness must submit the following information to the comptroller for a payment to be issued:

(A) offense charged. If a misdemeanor, it must be noted if the misdemeanor carries, as a possible punishment, a jail sentence;

(B) the witness's name and address including city, county, state, and social security number;

(C) the city/town in which the witness was subpoenaed, requested, or summoned;

(D) the county issuing the request, subpoena, or summons;

(E) the number of trips made pursuant to the subpoena, request, or summons;

(F) the number of miles driven in the witness's personal car, if any;

(G) the actual expenses incurred for public transportation, if any;

(H) a breakdown of the actual expenses for meals and lodging per day;

(I) the amount advanced to the witness by the district or criminal district attorney, the county, or sheriff;

(J) whether or not the witness is under bond;

(K) the existence of an affidavit by the witness of witness's inability to appear due to lack of funds;

(L) whether or not the witness testified in the case; and

(M) the number of years lived in county of residence.

(2) The witness must swear before a notary public that the information is correct and true.

(3) The judge of the case and the district or county clerk must indicate that the claim of the witness is correct and due, and note the date that the witness was released from further attendance upon court.

(b) Witness fee bills become due and payable after the witness is released from further court attendance.

(c) Failure to submit a witness fee bill within 12 months from the release of the witness will result in the barring of the claim forever.

Source Note: The provisions of this §5.454 adopted to be effective December 25, 2018, 43 TexReg 8478