(a) Findings, facts, data, information, and opinions based on such findings, facts, data, or information gained by a Texas Department of Public Safety employee from and during the course of his employment, if requested while such person is employed by the department, shall be considered as being the product of state employment and will be generally made available through court testimony by the employee on state time and expense.
(b) Members of the department of public safety will only testify in civil suits involving or arising from an official act after being served with a subpoena directing his appearance in court. This does not apply to suits to which the employee or the department is a party.
(c) Members of the department will not accept civil subpoenas for trials at which they cannot be legally compelled to attend unless specifically instructed to do so.
(d) Employees may be assigned to give expert testimony for the Texas Department of Public Safety or other governmental agencies, and, while doing so, will be on official duty at state expense. Such assignments will be determined by the appropriate administrative division chief, criminal law enforcement commander, regional commander, or special section head.
(e) Employees who serve as expert witnesses in instances not arising from official acts of the department of public safety will testify off duty at no expense to the state. Employees affected by this policy will comply with the following.
  (1) The employee must be under legal process or obtain departmental approval when testimony is given, and will testify off duty, at no expense to the state. An employee will not testify at a trial if deposition testimony can be arranged in lieu of the court appearance. Departmental approval shall be obtained as follows:
    (A) administrative personnel division chief;
    (B) criminal law enforcement personnel service commander;
    (C) traffic law enforcement personnel regional commander.
  (2) When an employee becomes aware that civil testimony may be required, the supervisor will be consulted and the employee-witness will make arrangements to minimize inconvenience to the state. Civil court testimony will not take precedence over testimony in criminal cases unless required by law.
  (3) Physical evidence and laboratory records will only be released under legal process.
  (4) No employee will solicit requests to appear as an expert witness.

Source Note: The provisions of this §1.91 adopted to be effective May 16, 1978, 3 TexReg 1589; amended to be effective January 12, 1982, 7 TexReg 21