SECTION 67.109. Witness Fees

Witness fees are as follows:

(1) Mileage and per diem allowances are the same as those provided for state employees under applicable law or regulation.

(2) A standard appearance fee for each day or part of a day the Person is necessarily present as a witness is set at $50. A witness who gives testimony in an expert capacity may be paid an appearance fee of no more than twice the standard fee. The witness fee for a retained expert shall be paid by the Party who retained the witness.

(3) Fees may be tendered with service of a subpoena to compel testimony or the production of records, but otherwise shall be paid only on presentation of proper vouchers sworn by the witness and approved by ERS.

(4) Witness fees will be paid by ERS from the funds deposited by the Party who requested the witness to appear.

Source Note: The provisions of this §67.109 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359