§ 140B.059.Oral Examination

Title 6. Miscellaneous Provisions · Chapter 140B. Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection · Subchapter B. Civil Investigative Authority · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 140B.059 governs oral examinations — the oath, a 100-mile travel limit, counsel, a privilege-only objection right, and the witness’s 20 days to review the transcript.

Full Text of § 140B.059

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a)The examination of any person pursuant to a civil investigative demand for oral testimony duly served must be taken before any person authorized to administer oaths and affirmations under the laws of this state or the United States. The person before whom the testimony is to be taken shall put the witness on oath or affirmation and shall personally or by someone acting under the person's direction and in the person's presence record the witness's testimony. At the expense of the attorney general or local prosecutor, and except as provided by this subsection, the testimony must be taken stenographically and may be transcribed. The attorney general or local prosecutor may take audio and video recordings of the testimony by providing notice to the person to be examined not later than the seventh day before the day the person is to be examined.

(b)The oral testimony of any person taken pursuant to a demand served must be taken within 100 miles of the county where the person resides, is found, or transacts business or in any other place agreed on by the person and the attorney general or local prosecutor.

(c)Any person compelled to appear under a demand for oral testimony may be accompanied, represented, and advised by counsel. Counsel may advise the person in confidence, either on the request of the person or on the counsel's own initiative, with respect to any question arising in connection with the examination.

(d)The individual conducting the examination on behalf of the attorney general or local prosecutor shall exclude from the place of examination all other persons except the person being examined, the person's counsel, the counsel of the person to whom the demand has been issued, the person before whom the testimony is to be taken, any stenographer taking the testimony, audiographer, videographer, and any person assisting the individual conducting the examination.

(e)During the examination, the person being examined or the person's counsel may object on the record to any question in accordance with Rule 199.5(e), Texas Rules of Civil Procedure. An objection may properly be made, received, and entered on the record when it is claimed that the person is entitled to refuse to answer the question on grounds of any constitutional or other privilege, including the privilege against self-incrimination. Neither that person nor the person's counsel may otherwise object to or refuse to answer any question or interrupt the oral examination. If the person refuses to answer any question, the attorney general or local prosecutor may petition the district court in the county where the examination is being conducted for an order compelling the person to answer the question.

(f)After the testimony has been fully transcribed, the person before whom the testimony was taken shall promptly transmit the transcript of the testimony to the witness and a copy of the transcript to the attorney general or local prosecutor. The witness must have a reasonable opportunity to examine the transcript and make any changes in form or substance accompanied by a statement of the reasons for the changes. The witness shall then sign and return the transcript. If the witness does not return the transcript to the person before whom the testimony was taken not later than the 20th day after the date the transcript was provided to the witness, the witness may be deemed to have waived the right to make changes. The officer shall then certify on the transcript that the witness was duly sworn and that the transcript is a true record of the testimony given by the witness and promptly transmit a copy of the certified transcript to the attorney general or local prosecutor.

(g)On request, the attorney general or local prosecutor shall furnish a copy of the certified transcript to the witness.

(h)The attorney general or local prosecutor may provide the witness the same fees and mileage reimbursement that are paid to witnesses in the district courts of this state.

End

Plain-English Summary

The longest section in the subchapter, and it reads as a deposition rule with the state on one side.

The examination is taken before a person authorized to administer oaths under state or federal law, who puts the witness on oath and records the testimony. It is taken stenographically at the issuing office’s expense. Recording it in audio and video is permitted only on notice to the person to be examined not later than the seventh day before the day of the examination.

The recording notice is a protection worth knowing about. A recorded examination is a different experience from a transcribed one, and the week’s warning lets a witness prepare for it.

Testimony must be taken within 100 miles of the county where the person resides, is found, or transacts business, or as agreed — the same distance limit ordinary deposition practice uses.

That limit does more here. With demands issuing from any county, the geography is set by where the witness is, not by where the investigating office sits.

A witness may be accompanied, represented, and advised by counsel, who may advise in confidence, on request or on their own initiative.

The room is closed to all but the witness, the witness’s counsel, counsel for the person to whom the demand issued, the officer, the reporter and recording personnel, and the examiner’s assistants.

Objections are confined to privilege. They are made on the record in accordance with Rule 199.5(e) of the Texas Rules of Civil Procedure, and properly only where the witness is entitled to refuse to answer on grounds of any constitutional or other privilege, including the privilege against self-incrimination. Otherwise neither witness nor counsel may object, refuse to answer, or interrupt; a refusal lets the issuing office petition the district court where the examination is conducted for an order compelling an answer.

The transcript then goes to the witness, who may make changes in form or substance with reasons and must return it within 20 days or be deemed to have waived that right. The officer certifies it, the witness may have a copy on request, and the office may pay district court witness fees and mileage.

Frequently Asked Questions

Can a witness be represented?

Yes. Counsel may accompany, represent and advise the witness, including advising in confidence during the examination.

Where is the examination held?

Within 100 miles of the county where the witness resides, is found or transacts business, unless otherwise agreed.

On what grounds can a witness decline to answer?

Only constitutional or other privilege, including self-incrimination. Otherwise the office may seek an order compelling an answer.

How long is there to review the transcript?

20 days from when it is provided, after which the right to make changes is deemed waived.

Amendment History

Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source