Tex. Gov't Code Section 571.137
Subpoena


(a)

In connection with a formal hearing, the commission, as authorized by this chapter, may subpoena and examine witnesses and documents that directly relate to a sworn complaint.

(a-1)

In connection with a preliminary review, the commission, for good cause and as authorized by this chapter, may subpoena documents and witnesses on application by the commission staff and a motion adopted by a vote of at least six members of the commission, for the purpose of attempting to obtain from the documents or witnesses specifically identified information, if the commission reasonably believes that the specifically identified information:

(1)

is likely to be determinative as to whether the subject of an investigation has violated a law within the jurisdiction of the commission;

(2)

can be determined from the documents or is known by the witnesses; and

(3)

is not reasonably available through a less intrusive means.

(a-2)

The commission shall adopt procedures for the issuance of subpoenas under this section.

(a-3)

A copy of a subpoena issued under this section must be delivered to the respondent.

(b)

At the written request of at least six members of the commission, a peace officer shall serve a subpoena of the commission in the manner prescribed for service of a district court subpoena.

(c)

If a person to whom a subpoena is directed refuses to appear, refuses to answer inquiries, or fails or refuses to produce books, records, or other documents that were under the person’s control when the demand was made, the commission shall report that fact to a district court in Travis County. The district court shall enforce the subpoena by attachment proceedings for contempt in the same manner as the court enforces a subpoena issued by the court.

(d)

A respondent has the right to quash a subpoena as provided by law.

(e)

A subpoenaed witness who attends a commission hearing is entitled to the same mileage and per diem payments as a witness who appears before a grand jury. A person who provides subpoenaed documents to the commission is entitled to reimbursement from the commission for the person’s reasonable cost of producing the documents.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.26, eff. Sept. 1, 2003.

Source: Section 571.137 — Subpoena, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­571.­htm#571.­137 (accessed Jun. 5, 2024).

571.001
Purpose
571.002
Definitions
571.021
Texas Ethics Commission
571.022
Sunset Provision
571.023
Presiding Officer
571.024
Expenses
571.025
Meetings
571.026
Quorum
571.027
Prohibited Participation
571.028
Prohibited Candidacy
571.029
Staff
571.030
Separation of Responsibilities
571.031
Records
571.032
Mailing of Notices, Decisions, and Reports
571.061
Laws Administered and Enforced by Commission
571.062
Rules
571.063
Rules Concerning Gifts to Regulatory Agency Officers and Employees
571.064
Reporting and Registration Thresholds
571.065
Forms
571.066
Electronic Data Base
571.067
Computer Software
571.068
Account Numbers
571.069
Review of Statements and Reports
571.070
Manual
571.071
Training
571.072
Public Access
571.073
Report
571.074
Gifts and Grants
571.075
Delegation of Authority
571.076
Contract for Administration
571.077
Statements, Registrations, and Reports Considered to Be Verified
571.078
Negotiated Rulemaking and Alternative Dispute Resolution
571.079
Posting Information Relating to Unpaid Penalties on Website
571.091
Opinion to Be Given on Request
571.092
Deadline for Opinion
571.093
Protection of Identity of Requestor or Affected Person
571.094
Opinion Issued on Initiative of Commission
571.095
Maintenance of Opinions
571.096
Opinion by Other Governmental Entity
571.097
Defenses: Reliance on Advisory Opinion
571.098
Conversion of Contribution to Personal Use
571.121
General Powers
571.122
Filing of Complaint
571.123
Processing of Complaint
571.124
Preliminary Review: Initiation
571.125
Preliminary Review Hearing: Procedure
571.126
Preliminary Review Hearing: Resolution
571.129
Formal Hearing: Standard of Evidence
571.130
Formal Hearing: Subpoenas and Witnesses
571.131
Formal Hearing: Procedure
571.132
Formal Hearing: Resolution
571.133
Appeal of Final Decision
571.134
Delay of Referral
571.135
Public Interest Information
571.136
Extension of Deadline
571.137
Subpoena
571.138
Status of Complainant
571.139
Applicability of Other Acts
571.140
Confidentiality
571.141
Availability of Commission Orders on Internet
571.142
Liability for Respondent’s Costs
571.171
Initiation and Referral
571.172
Order
571.173
Civil Penalty for Delay or Violation
571.174
Denial, Suspension, or Revocation of Lobbyist Registration
571.175
Notification of Regulatory or Supervisory Entity
571.176
Civil Penalty for Frivolous or Bad-faith Complaint
571.177
Factors Considered for Assessment of Sanction
571.0221
Discrimination Prohibited
571.0231
Restriction on Commission Membership
571.0232
Grounds for Removal
571.0271
Commission Member Training
571.0301
Information to Members and Employees
571.0302
Equal Employment Policy
571.0631
Rules Concerning Technical and Clerical Violations
571.0645
Filing Deadline for Electronic Reports
571.0671
Requirements for Electronic Filing Software
571.0672
Proposition of Technological Solutions
571.0771
Corrected Statements, Registrations, and Reports Considered Timely Filed
571.1211
Definitions
571.1212
Categorization of Violations
571.1221
Dismissal of Complaint Filed at Direction or Urging of Nonresident
571.1222
Dismissal of Complaint Challenging Certain Information in Political Report
571.1223
Dismissal of Complaint Following Corrected or Amended Statement, Registration, or Report
571.1231
Designation of Agent by Certain Respondents
571.1241
Review of Executive Director’s Determination of Jurisdiction
571.1242
Preliminary Review
571.1244
Preliminary Review and Preliminary Review Procedures
571.1351
Status of Complaint
571.1731
Waiver or Reduction of Late Filing Penalty

Accessed:
Jun. 5, 2024

§ 571.137’s source at texas​.gov