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Texas Occupations Code - Section 110.255. Complaint Investigation; Subpoenas

Legal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Section 110.255. Complaint Investigation; Subpoenas

§ 110.255. COMPLAINT INVESTIGATION;  SUBPOENAS.  (a) In 
an investigation of a complaint filed with the council, the council 
may request that the commissioner of public health or the 
commissioner's designee approve the issuance of a subpoena.  If the 
request is approved, the council may issue a subpoena to compel the 
attendance of a relevant witness or the production, for inspection 
or copying, of relevant evidence in this state.  The council may 
delegate the authority granted under this subsection to the 
executive director of the council.
	(b)  A subpoena may be served personally or by certified 
mail.               
	(c)  If a person fails to comply with a subpoena, the 
council, acting through the attorney general, may file suit to 
enforce the subpoena in a district court in Travis County or the 
county in which a hearing conducted by the council may be held.
	(d)  On finding that good cause exists for issuing the 
subpoena, the court shall order the person to comply with the 
subpoena.  The court may punish a person who fails to obey the court 
order.
	(e)  The council shall pay a reasonable fee for photocopies 
subpoenaed under this section in an amount not to exceed the amount 
the council may charge for copies of its records.
	(f)  The reimbursement of the expenses of a witness whose 
attendance is compelled under this section is governed by Section 
2001.103, Government Code.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept. 
1, 2003.

Last modified: August 10, 2007