Texas Government Code 544.0259 – Subpoenas
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(a) The office of inspector general may issue a subpoena in connection with an investigation the office conducts. The subpoena may be:
(1) issued to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence in this state; and
(2) served personally or by certified mail.
(b) The office of inspector general, acting through the attorney general, may file suit in a district court in this state to enforce a subpoena with which a person fails to comply. On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may punish a person who fails to obey the court order.
Terms Used In Texas Government Code 544.0259
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- 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.
(c) Reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by § 2001.103.
(d) The office of inspector general shall pay a reasonable fee for subpoenaed photocopies. The fee may not exceed the amount the office of inspector general may charge for copies of its records.
(e) Except for the disclosure of information to the state auditor’s office, law enforcement agencies, and other entities as permitted by other law, all information and materials subpoenaed or compiled by the office of inspector general in connection with an audit, inspection, or investigation or by the office of the attorney general in connection with a Medicaid fraud investigation are:
(1) confidential and not subject to disclosure under Chapter 552; and
(2) not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to anyone other than the office of inspector general, the attorney general, or the office’s or attorney general’s employees or agents involved in the audit, inspection, or investigation.
(f) A person who receives information under Subsection (e) may disclose the information only in accordance with Subsection (e) and in a manner that is consistent with the authorized purpose for which the person first received the information.
Text of section effective on April 01, 2025