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