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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the commissioner of education to issue |
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subpoenas during an investigation of educator misconduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Section 21.062 to read as follows: |
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Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an |
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investigation by the commissioner of an educator for an alleged |
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incident of misconduct, the commissioner may issue a subpoena to |
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compel the production, for inspection or copying, of relevant |
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evidence that is located in this state. |
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(b) A subpoena may be served personally or by certified |
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mail. |
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(c) If a person fails to comply with a subpoena, the |
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commissioner, acting through the attorney general, may file suit to |
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enforce the subpoena in a district court in this state. On finding |
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that good cause exists for issuing the subpoena, the court shall |
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order the person to comply with the subpoena. The court may punish |
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a person who fails to obey the court order. |
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(d) All information and materials subpoenaed or compiled in |
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connection with an investigation described by Subsection (a) are |
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confidential and not subject to disclosure under Chapter 552, |
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Government Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |