SECTION 1.35. Mileage and Witness Fees

(a) 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 any proceeding under the authority of the Act is entitled to receive:

(1) mileage in the same amount per mile as the mileage travel allowance for state employees 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 not less than $10 a day for each day or part of a day the person is necessarily present as a witness or deponent; provided, in lieu of such $10 fee, a witness will receive a fee equal to the per diem travel allowance of a state employee if such amount exceeds $10.

(b) Mileage and fees to which a witness is entitled under this section shall be paid by the party 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.

Source Note: The provisions of this §1.35 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651; amended to be effective September 27, 1984, 9 TexReg 4874.