Texas Occupations Code 263.008 – Subpoena
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(a) The board may issue a subpoena or a subpoena duces tecum to compel the attendance of a witness for examination under oath and the production, for examination and copying, of books, accounts, records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter or another state law relating to the practice of dentistry. The board may administer oaths and take testimony regarding any matter within the board’s jurisdiction.
(a-1) The board may delegate the authority granted under Subsection (a) to the executive director or the secretary of the board.
Terms Used In Texas Occupations Code 263.008
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a-2) A subpoena issued at the request of board staff may be served by certified mail or personally by the board’s investigators.
(b) The board may request the attorney general to file suit against a person who fails to comply with a subpoena issued by the board to enforce the subpoena. The suit must be filed in a Travis County district court.
(c) The court on finding that good cause exists for the issuance of the subpoena shall order the person to comply with the subpoena.
(d) The board shall pay, for photocopies subpoenaed at the request of the board’s staff, a reasonable fee in an amount not to exceed the amount the board may charge for copies of the board’s records.