House Rules #
“(a) By a record vote of not less than two-thirds of those present and voting, a quorum being present, each standing committee shall have the power and authority to issue process to witnesses at any place in the State of Texas, to compel their attendance, and to compel the production of all books, records, and instruments. If necessary to obtain compliance with subpoenas or other process, the committee shall have the power to issue writs of attachment. All process issued by the committee may be addressed to and served by an agent of the committee or a sergeant-at-arms appointed by the committee or by any peace officer of the State of Texas. The committee shall also have the power to cite and have prosecuted for contempt, in the manner provided by law, anyone disobeying the subpoenas or other process lawfully issued by the committee. The chair of the committee shall issue, in the name of the committee, the subpoenas and other process as the committee may direct.
“(b) The chair may summon the governing board or other representatives of a state agency to appear and testify before the committee without issuing process under Subsection (a) of this section. The summons may be communicated in writing, orally, or electronically. If the persons summoned fail or refuse to appear, the committee may issue process under Subsection (a) of this section” (House Rule 4, Sec. 21).
“Each subcommittee, within the area of its jurisdiction, shall have all of the power, authority, and rights granted by the Rules of Procedure of the House of Representatives to the standing committee, except subpoena power, to the extent necessary to discharge the duties and responsibilities of the subcommittee” (House Rule 4, Sec. 47).
House General Investigating Committee: #
“(b-4) On a majority vote of the committee, the committee may conduct joint hearings and investigations.
“(b-5) The committee may:
- “(1) initiate or continue inquiries and hearings concerning:
- “(A) state government;
- “(B) any agency or subdivision of government within the state;
- “(C) the expenditure of public funds at any level of government within the state; and
- “(D) any other matter the committee considers necessary for the information of the legislature or for the welfare and protection of state citizens; and
- “(A) state government;
- “(2) inspect the records, documents, and files and may examine the duties, responsibilities, and activities of each state department, agency, and officer and of each municipality, county, or other political subdivision of the state.
“(b-6) If a person disobeys a subpoena or other process that the committee lawfully issues, the committee may cite the person for contempt and cause the person to be prosecuted for contempt according to the procedure prescribed by Subchapter B, Chapter 301, Government Code, or by other law.
“(b-7) The committee shall make reports to members of the legislature that the committee determines are necessary and appropriate” (House Rules, Rule 3, Sec. 13).
Senate Rules #
“(a) By a record vote of not less than two-thirds of its members, a standing committee of the Senate may issue process to compel the attendance of a witness or to compel a person, agency, or corporation to produce any book, record, document, or other evidence in his, her, or its possession and control before a proceeding of the committee. The committee chair shall issue the subpoena or other process authorized by this rule in the name of the committee, and the subpoena must contain the following information:
- “(1) a statement of the reason the committee is requesting the appearance of a person or the reason the committee is requesting the production of documents;
- “(2) the name, address, and title or position of the person requested to appear;
- “(3) the specific document or documents being requested; and
- “(4) the specific time and place that the person is to appear or the specific place and time the documents are to be produced.
“(b) A committee chair may summon the governing board or other representatives of a state agency to appear and testify before the committee without issuing process under Subsection (a). The summons may be communicated in writing, orally, or electronically.
“(c) Except as provided by this rule, the provisions of Sections 301.024, 301.025, 301.026, and 301.027, Government Code, apply to a subpoena or other process issued under this rule” (Senate Rule 11.20).
