Texas Code of Criminal Procedure - Article 35.27. Reimbursement Of Nonresident Witnesses
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Art. 35.27. [1036] [1138] [1003] REIMBURSEMENT OF
NONRESIDENT WITNESSES.
Expenses for Nonresident Witnesses
Sec. 1. (a) Every person subpoenaed by either party or
otherwise required or requested in writing by the prosecuting
attorney or the court to appear for the purpose of giving testimony
in a criminal proceeding who resides outside the state or the county
in which the prosecution is pending shall be reimbursed by the state
for the reasonable and necessary transportation, meal, and lodging
expenses he incurs by reason of his attendance as a witness at such
proceeding.
(b) The state may reimburse a witness for transportation
only if the transportation is provided by a commercial
transportation company or the witness uses the witness's personally
owned or leased motor vehicle. In this article, "commercial
transportation company" means an entity that offers transportation
of people or goods to the public in exchange for compensation.
(c) The state may reimburse a witness for lodging only if
the lodging is provided by a commercial lodging establishment. In
this article, "commercial lodging establishment" means a motel,
hotel, inn, apartment, or similar entity that offers lodging to the
public in exchange for compensation.
Amount of Reimbursement for Expenses
Sec. 2. Any person seeking reimbursement as a witness shall
make an affidavit setting out the transportation, meal, and lodging
expenses necessitated by his travel to and from and attendance at
the place he appeared to give testimony, together with the number of
days that such travel and attendance made him absent from his place
of residence. A reimbursement paid by the state to a witness for
transportation, meal, or lodging expenses may not be paid at a rate
that exceeds the maximum rates provided by law for state employees.
Direct Payment of Transportation or Lodging Expenses
Sec. 2A. If this article requires the state to reimburse a
witness for transportation or lodging expenses, the state may
instead directly pay a commercial transportation company or
commercial lodging establishment for those expenses.
Other Expenses
Sec. 3. In addition to reimbursement or payment for
transportation, meal, and lodging expenses , the comptroller, upon
proper application by the attorney for the state, shall reimburse
or pay the other expenses required by the laws of this state or the
state from which the attendance of the witness is sought.
Application and Approval by Judge
Sec. 4. A reimbursement to a witness as provided by this
article shall be paid by the state to the witness or his assignee.
Claim shall be made by sworn application to the comptroller, a copy
of which shall be filed with the clerk of the court, setting out the
facts showing entitlement as provided in this article to the
reimbursement, which application shall be presented for approval by
the judge who presided over the court or empaneled the grand jury
before whom the criminal proceeding was pending. No fee shall be
required of any witness for the processing of his claim for
reimbursement.
Payment by State
Sec. 5. The Comptroller of Public Accounts, upon receipt of a
claim approved by the judge, shall examine it and, if he deems the
claim in compliance with and authorized by this Article, draw his
warrant on the State Treasury for the amount due the witness, or to
any person to which the certificate has been assigned by the
witness, but no warrant may issue to any assignee of a witness claim
unless the assignment is made under oath and acknowledged before
some person authorized to administer oaths, certified to by the
officer, and under seal. If the appropriation for paying the
account is exhausted, the Comptroller of Public Accounts shall file
it away and issue a certificate in the name of the witness entitled
to it, stating therein the amount of the claim. Each claim not
filed in the office of the Comptroller of Public Accounts within
twelve months from the date it became due and payable shall be
forever barred.
Advance by State
Sec. 6. Funds required to be tendered to an out-of-state
witness pursuant to Article 24.28 of this Code shall be paid by the
Comptroller of Public Accounts into the registry of the Court in
which the case is to be tried upon certification by the Court such
funds are necessary to obtain attendance of said witness. The court
shall then cause to be issued checks drawn upon the registry of the
Court to secure the attendance of such witness. In the event that
such funds are not used pursuant to this Act, the Court shall return
the funds to the Comptroller of Public Accounts.
Advance by County
Sec. 7. The county in which a criminal proceeding is pending,
upon request of the district attorney or other prosecutor charged
with the duty of prosecution in the proceeding, may advance funds
from its treasury to any witness who will be entitled to
reimbursement under this article. The amount advanced may not
exceed the amount that is reasonably necessary to enable the
witness to attend as required or requested. However, the amount
advanced may include sums in excess of the reimbursement provided
for by this article if the excess is required for compliance with
Section 4 of Article 24.28 in securing the attendance of a witness
from another state under the Uniform Act. A county that advances
funds to a witness under this section is entitled to reimbursement
by the state as an assignee of the witness.
Advance for Expenses for Witnesses of Indigent Defendant
Sec. 8. Upon application by a defendant shown to be indigent
and a showing to the court of reasonable necessity and materiality
for the testimony of a witness residing outside the State, the court
shall act pursuant to Section 6 hereof to secure advance of funds
necessary for the attendance of such witness.
Limitations
Sec. 9. A witness, when attached and conveyed by a sheriff or
other officer, is not eligible to receive reimbursement of
transportation, meal, or lodging expenses incurred while in the
custody of the officer. A court, in its discretion, may limit the
number of character witnesses allowed reimbursement under this
article to not fewer than two for each defendant and two per
defendant for the state.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1973, 63rd Leg., p. 1287, ch. 477, Sec. 2, eff. Aug.
27, 1973; Acts 1979, 66th Leg., p. 1039, ch. 469, Sec. 1, eff. Sept.
1, 1979.
Secs. 1, 2 amended by and Sec. 2A added by Acts 1993, 73rd Leg., ch.
449, Sec. 18, eff. Sept. 1, 1993; Secs. 3, 4 and 7 amended by Acts
1993, 73rd Leg., ch. 449, Sec. 18, eff. Sept. 1, 1993.
Article: 35.20 35.21 35.22 35.23 35.25 35.26 35.261 35.27 35.28 35.29 36.01 36.02 36.03 36.05 36.06
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Last modified: August 10, 2007
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