(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 § 161.166(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 Local Government Code 161.165

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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, subject to the rules of evidence applicable to a contested case under § 2001.081, Government Code.
(d) A person whose name is mentioned or who is identified or referred to in testimony or in statements made by a commission member, commission 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.

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