Bill Text: TX SB1222 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the authority of the commissioner of education to issue subpoenas during an investigation of educator misconduct.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2015-05-24 - Committee report sent to Calendars [SB1222 Detail]
Download: Texas-2015-SB1222-Comm_Sub.html
| By: Bettencourt | S.B. No. 1222 | |
| (Huberty) | ||
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| 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. | ||
