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Witness Fees and Expenses
Witnesses in Administrative Hearings or Proceedings

For administrative hearings or proceedings covered by the Administrative Procedure Act, a witness is entitled to receive from the state agency:

  • A fee of $10 per day (or part of a day) that the witness is necessarily present at the hearing or proceeding.
  • Reimbursement for the witness’s:
    • Mileage at the rate of 10 cents per mile if the:
      • Place of the hearing or proceeding is more than 25 miles from the place of residence of the witness.
        –and–
      • Witness uses their personally owned or leased motor vehicle to attend the hearing or proceeding.
    • Transportation expenses while going to and returning from the place of the hearing or proceeding, if the:
      • Place is more than 25 miles from the witness’s place of residence
        –and–
      • Witness does not use the witness’s personally owned or leased motor vehicle for the travel.
    • Meal and lodging expenses while going to and returning from the place of the hearing or proceeding if the place is more than 25 miles from the witness’s place of residence.

A state agency may increase the mileage rate and the fee rate if the agency adopts a formal rule to that effect. However, a state agency may not adopt a rule that specifies a mileage reimbursement rate greater than the Current Rate allowed for state employees.

A state agency may directly pay a commercial transportation company or 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 Current Rate allowable for state employees.

A state agency that is required to pay mileage or fees to a witness, or to reimburse a witness’s transportation, meal or lodging expenses, must submit a proper voucher to the Comptroller's office.

Documentation Requirements [+]

The following documentation requirements apply only to a purchase voucher submitted to pay the witness fees and expenses of a witness in an administrative hearing covered by the Administrative Procedure Act:

  1. A state agency must retain documentation in its files that explains the type of proceeding the witness attended.
  2. A state agency that has adopted a rule to increase the mileage or fee rate must retain a copy of the rule in its files.
  3. Comptroller object 7224 must be used for criminal proceedings.
  4. Comptroller object 7254 must be used for civil proceedings.

Source [+]

Administrative Procedure Act, Texas Government Code, Section 2001.103.

For administrative hearings or proceedings not covered by the Administrative Procedure Act, a witness can receive a fee or a reimbursement of a meal, lodging, incidental, mileage or other transportation expense only if the statute that covers the hearing or proceeding provides for the fee or reimbursement.

Note: These requirements do not apply to an expert witness.

Documentation Requirements [+]

The following documentation requirements apply only to a purchase voucher submitted to pay the witness fees and expenses of a witness in an administrative hearing not covered by the Administrative Procedure Act:

  1. A state agency must retain documentation in its files explaining the type of proceeding the witness attended.
  2. Comptroller object 7254 must be used.