Tex. Labor Code Section 61.005
Effect of Refusal to Obey Commission Subpoena; Criminal Penalty


(a)

In the case of contumacy or other refusal by a person to obey a subpoena issued by the commission or an authorized representative of the commission to that person, any county or district court of this state in the jurisdiction of which the inquiry is carried on or in the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business has jurisdiction, on application by the commission or its representative, to issue to the person an order requiring the person to appear before the commission or its authorized representative to:

(1)

produce evidence if so ordered; or

(2)

testify regarding the matter under investigation or in question.

(b)

The court may punish as contempt a failure to obey a court order issued under Subsection (a).

(c)

A person commits an offense if the person, without just cause, fails or refuses to obey a commission subpoena to:

(1)

attend and testify;

(2)

answer any lawful inquiry; or

(3)

produce books, papers, correspondence, memoranda, or other records.

(d)

An offense under Subsection (c) is punishable by a fine of not less than $200, by confinement for not more than 60 days, or by both fine and confinement. Each day of violation constitutes a separate offense.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.13(b), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 10.11, eff. Sept. 1, 2003.

Source: Section 61.005 — Effect of Refusal to Obey Commission Subpoena; Criminal Penalty, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­61.­htm#61.­005 (accessed Jun. 5, 2024).

61.001
Definitions
61.002
Commission Duties
61.003
Governmental Entities Excluded
61.004
Payment of Certain Fees for Service of Process
61.005
Effect of Refusal to Obey Commission Subpoena
61.006
Notice Languages
61.011
Paydays
61.012
Designation of Paydays
61.013
Payment Other than on Payday
61.014
Payment After Termination of Employment
61.015
Payment of Commissions and Bonuses
61.016
Form of Payment
61.017
Delivery of Payment
61.018
Deduction from Wages
61.019
Failure to Pay Wages
61.020
Failure to Pay Wages
61.0031
Franchisors Excluded
61.031
Bond
61.032
Suit to Enforce Bond Requirement
61.033
Failure of Surety Company to Pay Verified Claim for Wages
61.051
Filing Wage Claim
61.052
Preliminary Wage Determination Order
61.053
Bad Faith
61.054
Request for Hearing on Preliminary Order
61.055
Preliminary Order Final if Hearing Not Requested
61.056
Payment Required if Hearing Not Requested
61.057
Notice
61.058
Hearing Procedures
61.059
Consideration of Preliminary Wage Determination Order
61.060
Order After Hearing
61.061
Notice and Finality of Order
61.062
Judicial Review
61.063
Payment to Commission
61.064
Payment to Employee
61.065
Deposit of Penalty
61.066
Commission Action
61.067
Reciprocal Collection Arrangements
61.081
Creation and Attachment of Lien
61.082
Enforcement of Lien
61.083
Filing
61.084
Release of Lien
61.085
Assignment of Lien
61.091
Notice of Delinquency
61.092
Duties of Notice Recipient
61.093
Levy
61.094
Notice Effect
61.095
Discharge of Liability
61.0525
Establishment of Wage Claim Appeal Tribunals
61.0611
Removal or Transfer of Claim Pending Before Wage Claim Appeal Tribunal
61.0612
Commission Review of Wage Claim Appeal Tribunal Order
61.0613
Notice of Commission Action
61.0614
Finality of Commission Order
61.0825
Priority of Lien

Accessed:
Jun. 5, 2024

§ 61.005’s source at texas​.gov