Tex. Alcoh. Bev. Code Section 5.44
Subpoena of Witnesses; Witness Fees; Contempt

(a)

The commission or administrator, or an inspector or representative of the commission under the direction of the commission, for the purposes of this code, may:

(1)

issue subpoenas;

(2)

compel the attendance of witnesses;

(3)

administer oaths;

(4)

certify to official acts;

(5)

take depositions inside or outside the state, as provided by law;

(6)

compel the production of pertinent books, accounts, records, documents, and testimony; and

(7)

certify to copies of documents as being true copies on file in the official records of the commission.

(b)

If a witness in attendance before the commission or before an authorized representative refuses without reasonable cause to be examined or answer a legal or pertinent question, or to produce a book, record, or paper when ordered by the commission to do so, the commission may apply to the district court for a rule or order returnable in not less than two nor more than five days, directing the witness to show cause before the judge why he should not be punished for contempt. The commission may apply to the district court of any county where the witness is in attendance, on proof by affidavit of the fact, unless the order of contempt is sought under Chapter 2001 (Administrative Procedure), Government Code, in which case the commission shall apply to a district court of Travis County in conformity with that Act. On return of the order, the judge hearing the matter shall examine the witness under oath, and the witness shall be given an opportunity to be heard. If the judge determines that the witness has refused, without reasonable cause or legal excuse, to be examined or answer a legal or pertinent question, or to produce a book, record, or paper which he was ordered to bring or produce, he may forthwith punish the offender as for contempt of court.

(c)

Subpoenas are served and witness fees and mileage paid as in civil cases in the district court in the county to which the witness is called, unless the proceeding for which the service or payment is made is pursuant to Chapter 2001 (Administrative Procedure), Government Code, in which case the service or payment shall be made as provided in that Act. Witnesses subpoenaed at the instance of the commission shall be paid their fees and mileage by the commission out of funds appropriated for that purpose.
Acts 1977, 65th Leg., p. 401, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1970, ch. 777, Sec. 15, eff. Aug. 27, 1979; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.

Source: Section 5.44 — Subpoena of Witnesses; Witness Fees; Contempt, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­5.­htm#5.­44 (accessed May 4, 2024).

5.01
Texas Alcoholic Beverage Commission 5.02
Members of Commission 5.03
Terms of Office 5.04
Presiding Officer 5.05
Relationship with Alcoholic Beverage Business Prohibited 5.06
Commission Office 5.07
Commission Meetings 5.08
Per Diem, Expenses 5.10
Employees 5.11
Administrator 5.12
Duties of Administrator 5.13
Assistant Administrator 5.14
Inspectors and Representatives 5.15
Assistant Attorneys General 5.16
Representation in Appeal to Commission 5.17
Suits Against the Commission: Venue 5.18
Audit 5.20
Standards of Conduct Information 5.21
Advisory Committees 5.022
Training 5.31
General Powers and Duties 5.32
May Require Reports 5.33
Regulate Licensees and Permittees 5.34
Delegation of Authority 5.35
Issuance of Permits and Licenses 5.36
Investigation of Violations 5.37
Collection of Taxes at Source 5.38
Quality and Purity of Beverages 5.39
Regulation of Liquor Containers 5.40
Regulation of Malt Beverage Container Deposits 5.41
Alcohol Used for Scientific Purposes, Etc 5.42
Penalty for Violation of Rule 5.43
Who May Hold Hearing 5.44
Subpoena of Witnesses 5.45
Proof of Document 5.47
Records of Violations 5.48
Private Records 5.49
Printed Copies of Code and Rules 5.50
Establishment of Certain Fees 5.051
Grounds for Removal from Commission 5.51
Bookkeeping Records 5.52
Program Accessibility Plan 5.53
Public Interest Information and Complaints 5.54
Resolution of Complaints 5.55
Electronic Processing of Licenses, Permits, and Certificates 5.56
Funding of Texas Wine Marketing Assistance Program 5.57
Marketing Practices Regulatory Decisions 5.58
Internal Affairs 5.59
Use of Technology 5.60
Alternative Rulemaking and Dispute Resolution Procedures 5.61
Training Program on Opioid-related Drug Overdose 5.101
Human Resources Division 5.102
Recruitment 5.103
Annual Report 5.141
Purchase of Firearm from Commission by Inspector or Representative 5.142
Special Inspectors or Representatives 5.321
Electronic Signatures 5.331
Public Disturbance Reports 5.361
Enforcement 5.362
Schedule of Sanctions 5.363
Disciplinary Authority of Administrator and Commission 5.364
Receipt and Use of Market Data 5.371
Proceeds from Contraband 5.441
Fees and Expenses Paid Members or Employees of Commission 5.581
Disclosure of Personnel Records of Commissioned Peace Officers
Green check means up to date. Up to date

Accessed:
May 4, 2024

§ 5.44’s source at texas​.gov