(a) The department may issue a subpoena as provided by this section.
(b) The department may request and, if necessary, compel by subpoena:
(1) the production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter, a law establishing a regulatory program administered by the department, or a rule adopted or order issued by the commission or executive director; and
(2) the attendance of a witness for examination under oath.

Terms Used In Texas Occupations Code 51.3512

  • 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
  • Rule: includes regulation. See Texas Government Code 311.005
  • Subpoena: A command to a witness to appear and give testimony.
  • Venue: The geographical location in which a case is tried.

(c) A subpoena under this section may be issued throughout this state and may be served by any person designated by the commission or the executive director.
(d) The department, acting through the attorney general, may bring an action to enforce a subpoena issued under this section against a person who fails to comply with the subpoena.
(e) Venue for an action brought under this section is in a district court in:
(1) Travis County; or
(2) any county in which the department may hold a hearing.
(f) The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.

  Previous section
Next section  
 Subchapter G Contents