| 1 | 1 | | By: Bettencourt S.B. No. 1222 |
|---|
| 2 | 2 | | (Huberty) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of the commissioner of education to issue |
|---|
| 8 | 8 | | subpoenas during an investigation of educator misconduct. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter B, Chapter 21, Education Code, is |
|---|
| 11 | 11 | | amended by adding Section 21.062 to read as follows: |
|---|
| 12 | 12 | | Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an |
|---|
| 13 | 13 | | investigation by the commissioner of an educator for an alleged |
|---|
| 14 | 14 | | incident of misconduct, the commissioner may issue a subpoena to |
|---|
| 15 | 15 | | compel the production, for inspection or copying, of relevant |
|---|
| 16 | 16 | | evidence that is located in this state. |
|---|
| 17 | 17 | | (b) A subpoena may be served personally or by certified |
|---|
| 18 | 18 | | mail. |
|---|
| 19 | 19 | | (c) If a person fails to comply with a subpoena, the |
|---|
| 20 | 20 | | commissioner, acting through the attorney general, may file suit to |
|---|
| 21 | 21 | | enforce the subpoena in a district court in this state. On finding |
|---|
| 22 | 22 | | that good cause exists for issuing the subpoena, the court shall |
|---|
| 23 | 23 | | order the person to comply with the subpoena. The court may punish |
|---|
| 24 | 24 | | a person who fails to obey the court order. |
|---|
| 25 | 25 | | (d) All information and materials subpoenaed or compiled in |
|---|
| 26 | 26 | | connection with an investigation described by Subsection (a) are |
|---|
| 27 | 27 | | confidential and not subject to disclosure under Chapter 552, |
|---|
| 28 | 28 | | Government Code. |
|---|
| 29 | 29 | | (e) Except as provided by a protective order, and |
|---|
| 30 | 30 | | notwithstanding Subsection (d), all information and materials |
|---|
| 31 | 31 | | subpoenaed or compiled in connection with an investigation |
|---|
| 32 | 32 | | described by Subsection (a) may be used in a disciplinary |
|---|
| 33 | 33 | | proceeding against an educator based on an alleged incident of |
|---|
| 34 | 34 | | misconduct. |
|---|
| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 39 | 39 | | Act takes effect September 1, 2015. |
|---|