Tex. Gov't Code Section 544.0259
Subpoenas


(a)

The office of inspector general may issue a subpoena in connection with an investigation the office conducts. The subpoena may be:

(1)

issued to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence in this state; and

(2)

served personally or by certified mail.

(b)

The office of inspector general, acting through the attorney general, may file suit in a district court in this state to enforce a subpoena with which a person fails to comply. 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.

(c)

Reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103 (Expenses of Witness or Deponent).

(d)

The office of inspector general shall pay a reasonable fee for subpoenaed photocopies. The fee may not exceed the amount the office of inspector general may charge for copies of its records.

(e)

Except for the disclosure of information to the state auditor’s office, law enforcement agencies, and other entities as permitted by other law, all information and materials subpoenaed or compiled by the office of inspector general in connection with an audit, inspection, or investigation or by the office of the attorney general in connection with a Medicaid fraud investigation are:

(1)

confidential and not subject to disclosure under Chapter 552 (Public Information); and

(2)

not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to anyone other than the office of inspector general, the attorney general, or the office’s or attorney general’s employees or agents involved in the audit, inspection, or investigation.

(f)

A person who receives information under Subsection (e) may disclose the information only in accordance with Subsection (e) and in a manner that is consistent with the authorized purpose for which the person first received the information.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.

Source: Section 544.0259 — Subpoenas, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­544.­htm#544.­0259 (accessed May 18, 2024).

544.0001
Definitions
544.0002
Reference to Office of Investigations and Enforcement
544.0003
Authority of State Agency or Governmental Entity Not Limited
544.0051
Coordination with Office of Attorney General
544.0052
Rules Regarding Enforcement and Punitive Actions
544.0053
Provision of Information to Pharmacy Subject to Audit
544.0054
Records of Allegations of Fraud or Abuse
544.0055
Record and Confidentiality of Informal Resolution Meetings
544.0056
Expunction of Child’s Chemical Dependency Diagnosis in Certain Records
544.0101
Appointment of Inspector General
544.0102
Commission Powers and Duties Related to Office of Inspector General
544.0103
Office of Inspector General: General Powers and Duties
544.0104
Employment of Medical Director
544.0105
Employment of Dental Director
544.0106
Contract for Review of Investigative Findings by Qualified Expert
544.0107
Employment of Peace Officers
544.0108
Investigative Process Review
544.0109
Performance Audits and Coordination of Audit Activities
544.0110
Reports on Audits, Inspections, and Investigations
544.0111
Compliance with Federal Coding Guidelines
544.0112
Hospital Utilization Reviews and Audits: Provider Education Process
544.0113
Program Exclusions
544.0114
Report
544.0151
Definitions
544.0152
Exchange of Criminal History Record Information Between Participating Agencies
544.0153
Provider Eligibility for Medicaid Participation: Criminal History Record Information
544.0154
Monitoring of Certain Federal Databases
544.0155
Period for Determining Provider Eligibility for Medicaid
544.0201
Selection and Review of Medicaid Claims to Determine Resource Allocation
544.0202
Duties Related to Fraud Prevention
544.0203
Fraud, Waste, and Abuse Detection Training
544.0204
Health and Human Services Agency Medicaid Fraud, Waste, and Abuse Detection Goal
544.0205
Award for Reporting Medicaid Fraud, Abuse, or Overcharges
544.0251
Claims Criteria Requiring Commencement of Investigation
544.0252
Circumstances Requiring Commencement of Preliminary Investigation of Alleged Fraud or Abuse
544.0253
Conduct of Preliminary Investigation of Alleged Fraud or Abuse
544.0254
Finding of Certain Medicaid Fraud or Abuse Following Preliminary Investigation: Criminal Referral or Full Investigation
544.0255
Immediate Criminal Referral Under Certain Circumstances
544.0256
Continuation of Payment Hold Following Referral to Law Enforcement Agency
544.0257
Completion of Full Investigation of Alleged Medicaid Fraud or Abuse
544.0258
Memorandum of Understanding for Assisting Attorney General Investigations Related to Medicaid
544.0259
Subpoenas
544.0301
Imposition of Payment Hold
544.0302
Notice
544.0303
Expedited Administrative Hearing
544.0304
Informal Resolution
544.0305
Website Posting
544.0351
Applicability of Subchapter
544.0352
Special Investigative Unit or Contracted Entity to Investigate Fraud and Abuse
544.0353
Fraud and Abuse Prevention Plan
544.0354
Assistance and Oversight by Office of Inspector General
544.0355
Rules
544.0401
Definition
544.0402
False or Misleading Information Related to Financial Assistance Eligibility
544.0403
Commission Action Following Determination of Violation
544.0404
Ineligibility for Financial Assistance Following Violation
544.0405
Household Eligibility for Financial Assistance Not Affected
544.0406
Rules
544.0451
Learning, Neural Network, or Other Technology Relating to Medicaid
544.0452
Medicaid Fraud Investigation Tracking System
544.0453
Medicaid Fraud Detection Technology
544.0454
Data Matching Against Federal Felon List
544.0455
Electronic Data Matching
544.0456
Methods to Reduce Fraud, Waste, and Abuse in Certain Public Assistance Programs
544.0501
Recovery Monitoring System
544.0502
Payment Recovery Efforts by Certain Persons
544.0503
Process for Managed Care Organizations to Recoup Overpayments Related to Electronic Visit Verification Transactions
544.0504
Recovery Audit Contractors
544.0505
Annual Report on Certain Fraud and Abuse Recoveries
544.0506
Notice and Informal Resolution of Proposed Recoupment of Overpayment or Debt
544.0507
Appeal of Determination to Recoup Overpayment or Debt

Accessed:
May 18, 2024

§ 544.0259’s source at texas​.gov