(a) If a state employee is subpoenaed as a witness to give a deposition or testimony at a hearing in state or federal court or before any body with power to issue a subpoena, the state employee is:
(1) Entitled to retain any witness fees that may be tendered to him or her under state or federal law or court rules only if the matter is:
(A) Outside the employee's scope of state employment; or
(B) The employee is a party to the matter other than as a representative of the state employer; and
(2) Entitled to retain any mileage fees that may be tendered to him or her under state or federal law or court rules only if the matter is:
(A) Within the employee's scope of state employment and the employee uses a personal vehicle for travel in obeying the subpoena and the employee's employer does not reimburse the employee for travel expenses; or
(B) Outside the employee's scope of state employment and the employee does not use a state-owned vehicle for travel in obeying the subpoena.
(b) If the state employee is subpoenaed for purposes under subsection (a) of this section to appear on a nonwork day, the employee may retain any witness and mileage fees tendered to him or her.