Sec. 4. COURT ORDER. (a) A judge may issue a transfer order if at the hearing the judge determines that:
(1) the witness may be material and necessary;
(2) his attending and testifying are not adverse to the interest of this state or to the health or legal rights of the witness;
(3) the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order; and
(4) as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass.
(b) If a judge issues an order under Subsection (a) of this section, the judge shall attach to the order a copy of a certificate presented under Section 3 of this Act. The order shall:
(1) direct the witness to attend and testify;
(2) except as provided by Subsection (c) of this section, direct the person having custody of the witness to produce him in the court where the criminal action is pending or where the grand jury investigation is pending at a time and place specified in the order; and
(3) prescribe such conditions as the judge shall determine.
(c) The judge, in lieu of directing the person having custody of the witness to produce him in the requesting jurisdiction's court, may direct and require in his order that:
(1) an officer of the requesting jurisdiction come to the Texas penal institution in which the witness is confined to accept custody of the witness for physical transfer to the requesting jurisdiction;
(2) the requesting jurisdiction provide proper safeguards on his custody while in transit;
(3) the requesting jurisdiction be liable for and pay all expenses incurred in producing and returning the witness, including but not limited to food, lodging, clothing, and medical care; and
(4) the requesting jurisdiction promptly deliver the witness back to the same or another Texas penal institution as specified by the Texas Department of Criminal Justice at the conclusion of his testimony.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 24 - Subpoena and Attachment
Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings
Section 3. Summoning Witness in This State to Testify in Another State
Section 5. Terms and Conditions
Section 7. Prisoner From Another State Summoned to Testify in This State