Texas Government Code 571.130 – Formal Hearing: Subpoenas and Witnesses
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(a) A subpoena or other request to testify shall be served sufficiently in advance of the scheduled appearance at a formal hearing to allow a reasonable period, as determined by the commission, for the person subpoenaed to prepare for the hearing and to employ counsel if desired.
(b) Except as provided by Section 571.131(a)(1), the commission may order that a person may not, except as specifically authorized by the presiding officer, make public the name of a witness subpoenaed by the commission before the date of that witness’s scheduled appearance.
Terms Used In Texas Government Code 571.130
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Subpoena: A command to a witness to appear and give testimony.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A witness may read a written statement or present a brief oral opening statement at a formal hearing.
(d) A person whose name is mentioned or who is identified or referred to in testimony or in statements made by a commission member, staff member, or witness and who reasonably believes that the statement tends to adversely affect the person’s reputation may:
(1) request to appear personally before the commission to testify in the person’s own behalf; or
(2) file a sworn statement of facts relevant to the testimony or statement that the person believes adversely affects the person’s reputation.
(e) A witness who testifies at a formal hearing must be sworn.
(f) Counsel for the respondent may subpoena a witness to a formal hearing in the same manner as an attorney may issue a subpoena in a proceeding in a county or district court.