Sec. 571.130. FORMAL HEARING: SUBPOENAS AND WITNESSES. (a) A subpoena or other request to testify shall be served sufficiently in advance of the scheduled appearance at a formal hearing to allow a reasonable period, as determined by the commission, for the person subpoenaed to prepare for the hearing and to employ counsel if desired.
(b) Except as provided by Section 571.131(a)(1), the commission may order that a person may not, except as specifically authorized by the presiding officer, make public the name of a witness subpoenaed by the commission before the date of that witness's scheduled appearance.
(c) A witness may read a written statement or present a brief oral opening statement at a formal hearing.
(d) A person whose name is mentioned or who is identified or referred to in testimony or in statements made by a commission member, staff member, or witness and who reasonably believes that the statement tends to adversely affect the person's reputation may:
(1) request to appear personally before the commission to testify in the person's own behalf; or
(2) file a sworn statement of facts relevant to the testimony or statement that the person believes adversely affects the person's reputation.
(e) A witness who testifies at a formal hearing must be sworn.
(f) Counsel for the respondent may subpoena a witness to a formal hearing in the same manner as an attorney may issue a subpoena in a proceeding in a county or district court.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 12, eff. September 1, 2019.
Structure Texas Statutes
Title 5 - Open Government; Ethics
Chapter 571 - Texas Ethics Commission
Subchapter E. Complaint Procedures and Hearings
Section 571.121. General Powers
Section 571.1212. Categorization of Violations
Section 571.122. Filing of Complaint; Contents
Section 571.1221. Dismissal of Complaint Filed at Direction or Urging of Nonresident
Section 571.1222. Dismissal of Complaint Challenging Certain Information in Political Report
Section 571.123. Processing of Complaint
Section 571.1231. Designation of Agent by Certain Respondents
Section 571.124. Preliminary Review: Initiation
Section 571.1241. Review of Executive Director's Determination of Jurisdiction
Section 571.1242. Preliminary Review
Section 571.1244. Preliminary Review and Preliminary Review Procedures
Section 571.125. Preliminary Review Hearing: Procedure
Section 571.126. Preliminary Review Hearing: Resolution
Section 571.129. Formal Hearing: Standard of Evidence
Section 571.130. Formal Hearing: Subpoenas and Witnesses
Section 571.131. Formal Hearing: Procedure
Section 571.132. Formal Hearing: Resolution
Section 571.133. Appeal of Final Decision
Section 571.134. Delay of Referral
Section 571.135. Public Interest Information
Section 571.1351. Status of Complaint
Section 571.136. Extension of Deadline
Section 571.138. Status of Complainant
Section 571.139. Applicability of Other Acts
Section 571.140. Confidentiality; Offense
Section 571.141. Availability of Commission Orders on Internet