The Laws of Texas, 1931-1933 [Volume 28] Page: 99 of 2,111
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FORTY-SECOND LEGISLATURE-FIRST CALLED SESSION. 91
serve the natural resources of the state, or a violation of laws
prohibiting trusts, monopolies, or combinations in restraint of.
trade, the clerk of said court where such suit is pending, on the
application of the Attorney General or any of his assistants, or
on the application of any county or district attorney acting under
his direction, or on the application of any other party to said suit
shall issue a subpoena for any witness or witnesses who may
be represented to reside within any county in the State of Texas,
or be found therein at the time of the trial. Provided the clerk
shall not issue subpoenas in excess of five (5) to compel the
attendance of state witnesses or a like number to compel the
attendance of defense witnesses without first obtaining a written
order from the trial judge. Should any witness summoned
as aforesaid fail to appear and testify in said case, he shall be
guilty of contempt of court and may be fined not exceeding
One Hundred Dollars ($100.00), and may be attached and imprisoned
in jail until he shall attend said court in person and
testify as to all the facts within his knowledge with reference
to the matter inquired about; provided, however, that any witness
who resides out of the county where said suit is pending
shall not be required to attend said court and testify in person
until the party or parties requesting his testimony shall have
tendered to him if requested by said witness, sufficient money
to defray his actual traveling expenses, not exceeding four cents
(4c) per mile going to and returning from the court by the
nearest practical conveyance, and Two Dollars ($2.00) per day
for each day he may necessarily be absent from home as a witness
in such cause. In case the state is the party requesting the personal
attendance of such witnesses, such expenses shall be paid in
the same manner as costs in felony cases.
SEC. 2. The fact that there is some doubt about the right of
parties in cases involving violations of the anti-trust laws and
the conservation laws of this state to require the personal attendance
of out of county witnesses; and the further fact that
there is no money appropriated for the purpose of paying the
expenses of out of county witnesses whose testimony is desired
in such cases, creates an emergency and an imperative public
necessity that the Constitutional Rule requiring bills to be read
on three several days in each House be suspended, and said Rule
is hereby suspended, and that this Act shall take effect and be
in' force from and after its passage, and it is so enacted.
Approved September 1, 1931.
Effective 90 days after adjournment.
[NOTE: H. B. No. 3 passed the House by a vote of 93 yeas,
13 nays; passed the Senate by a vote of 31 yeas, 0 nays.]
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1931-1933 [Volume 28], book, 1933; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth17293/m1/99/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .