SECTION 1.24. 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 conducted under the authority of the Administrative Procedure Act is entitled to the following compensation:

(1) mileage in the same amount per mile as the mileage travel allowance for state employees traveling on state business. Mileage is to be reimbursed for travel to and returning from the place of the hearing or deposition, provided the place is more than 25 miles from the person's place of residence; and

(2) a per day witness fee of not more $20 for each day or part of a day the person is necessarily present as a witness or a deponent.

(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, upon presentation of proper documents sworn by the witness and approved by the department.

(c) Payment or reimbursement to witnesses under this section shall be made in accordance with the requirements of the APA, §2001.103.

(d) The amount of compensation offered or accepted by a witness for their appearance at a hearing or proceeding covered by this subchapter must be disclosed if requested through discovery or during cross-examination.

(e) Nothing in this section shall be construed as prohibiting payment of reasonable compensation to a witness who voluntarily appears at the request of a party.

Source Note: The provisions of this §1.24 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective December 8, 2022, 47 TexReg 8039