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Witness Fees and Expenses
Witnesses in Criminal Proceedings

The following requirements apply to witnesses in criminal proceedings who reside outside the county in which the proceeding occurs, including witnesses who reside outside the state of Texas.

Witnesses are entitled to be reimbursed by the state for the reasonable and necessary transportation, meal, and lodging expenses the witness incurs as a result of the witness’s attendance at a criminal proceeding.

The state of Texas may reimburse a witness for transportation expenses only if the transportation is provided by a commercial transportation company or by the witness’s personally owned or leased motor vehicle. The state of Texas may reimburse a witness for lodging expenses only if the lodging is provided by a commercial lodging establishment. A state agency may directly pay a commercial transportation company or a commercial lodging establishment for the transportation and lodging expenses of a witness.

A state agency may not pay a company or reimburse a witness at a rate that exceeds the maximum rates allowable for state employees.

In addition to the reimbursements above, the Comptroller's office is required to pay other expenses required by the laws of the state of Texas or the laws of the state where the witness resides, if those expenses are properly requested by the attorney for the state. The Comptroller's office may pay the transportation, meal and lodging expenses of a witness only upon receipt of the witness’s court-approved claim for the expenses.

A reimbursement may be paid to an assignee of a witness only if the assignment is made under oath and is acknowledged, certified and sealed by a person authorized to administer oaths. A county that has advanced funds to enable a witness to attend a criminal proceeding is entitled to be reimbursed as an assignee of the witness.

Documentation Requirements [+]

The following documentation requirements apply only to a purchase voucher submitted to pay the witness fees and expenses of a witness who resides outside the county in which the proceeding occurs, including a witness who resides outside the state of Texas:

  1. A state agency must retain documentation in its files that:
    1. Explains the type of proceeding the witness attended,
    2. Lists the county or state in which the witness resided at the time the witness attended the proceeding, and
    3. Lists the county in which the criminal proceeding occurred.
  2. Comptroller object 7224 must be used.

Sources [+]

Texas Criminal Procedure Code Article 24.28, Section 4(b); Texas Criminal Procedure Code Article 35.27; Opinion of the Texas Attorney General Nos. H-107 (1973), C-579 (1966).

Expert witnesses

An expert witness in any proceeding may receive compensation and reimbursement of the witness’s expenses in compliance with the contract for services between the witness and the state agency that hired the witness.

Documentation Requirements [+]

The following documentation requirements apply only to a purchase voucher submitted to pay the compensation or expenses, or both, of an expert witness in any proceeding:

  1. A state agency must retain documentation in its files proving the witness was an expert witness.
  2. Comptroller object 7254 must be used.