84R1719 MK-D
 
  By: Bettencourt S.B. No. 1222
 
 
 
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.
         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.