Texas Alcoholic Beverage Code - Section 5.44. Subpoena Of Witnesses; Witness Fees; Contempt
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§ 5.44. SUBPOENA OF WITNESSES; WITNESS FEES;
CONTEMPT. (a) The commission or administrator, or an inspector or
representative of the commission under the direction of the
commission, for the purposes of this code, may:
(1) issue subpoenas;
(2) compel the attendance of witnesses;
(3) administer oaths;
(4) certify to official acts;
(5) take depositions inside or outside the state, as
provided by law;
(6) compel the production of pertinent books,
accounts, records, documents, and testimony; and
(7) certify to copies of documents as being true
copies on file in the official records of the commission.
(b) If a witness in attendance before the commission or
before an authorized representative refuses without reasonable
cause to be examined or answer a legal or pertinent question, or to
produce a book, record, or paper when ordered by the commission to
do so, the commission may apply to the district court for a rule or
order returnable in not less than two nor more than five days,
directing the witness to show cause before the judge why he should
not be punished for contempt. The commission may apply to the
district court of any county where the witness is in attendance, on
proof by affidavit of the fact, unless the order of contempt is
sought under Chapter 2001, Government Code, in which case the
commission shall apply to a district court of Travis County in
conformity with that Act. On return of the order, the judge hearing
the matter shall examine the witness under oath, and the witness
shall be given an opportunity to be heard. If the judge determines
that the witness has refused, without reasonable cause or legal
excuse, to be examined or answer a legal or pertinent question, or
to produce a book, record, or paper which he was ordered to bring or
produce, he may forthwith punish the offender as for contempt of
court.
(c) Subpoenas are served and witness fees and mileage paid
as in civil cases in the district court in the county to which the
witness is called, unless the proceeding for which the service or
payment is made is pursuant to Chapter 2001, Government Code, in
which case the service or payment shall be made as provided in that
Act. Witnesses subpoenaed at the instance of the commission shall
be paid their fees and mileage by the commission out of funds
appropriated for that purpose.
Acts 1977, 65th Leg., p. 401, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 1970, ch. 777, § 15, eff.
Aug. 27, 1979; Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff.
Sept. 1, 1995.
Section: 5.38 5.39 5.40 5.41 5.42 5.43 5.435 5.44 5.441 5.45 5.46 5.47 5.48 5.49 5.50
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Last modified: August 10, 2007
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