CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 24. SUBPOENA AND ATTACHMENT

Art. 24.01. ISSUANCE OF SUBPOENAS.  (a)  A subpoena may summon one or more persons to appear:
(1) before a court to testify in a criminal action at a specified term of the court or on a specified day;  or
(2) on a specified day:
(A) before an examining court;
(B) at a coroner's inquest;
(C) before a grand jury;
(D) at a habeas corpus hearing;  or
(E) in any other proceeding in which the person's testimony may be required in accordance with this code.
(b) The person named in the subpoena to summon the person whose appearance is sought must be:
(1) a peace officer;  or
(2) a least 18 years old and, at the time the subpoena is issued, not a participant in the proceeding for which the appearance is sought.

Text of subsection effective until January 01, 2025

(c) A person who is not a peace officer may not be compelled to accept the duty to execute a subpoena, but if he agrees in writing to accept that duty and neglects or refuses to serve or return the subpoena, he may be punished in accordance with Article 2.16 of this code.

Text of subsection effective on January 01, 2025

(c)  A person who is not a peace officer may not be compelled to accept the duty to execute a subpoena, but if the person agrees in writing to accept that duty and neglects or refuses to serve or return the subpoena, the person may be punished in accordance with Article 2A.055.
(d) A court or clerk issuing a subpoena shall sign the subpoena and indicate on it the date it was issued, but the subpoena need not be under seal.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 503, ch. 209, Sec. 1, eff. Sept. 1, 1981.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.017, eff. January 1, 2025.