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:
(1) the attendance of a relevant witness; or
(2) 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 13, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 13, eff. September 1, 2017.
Structure Texas Statutes
Subtitle D - Educators and School District Employees and Volunteers
Subchapter B. Certification of Educators
Section 21.033. State Board for Educator Certification
Section 21.034. Terms; Vacancy
Section 21.035. Delegation Authority; Administration by Agency
Section 21.040. General Powers and Duties of Board
Section 21.042. Approval of Rules
Section 21.043. Access to Peims Data
Section 21.044. Educator Preparation
Section 21.0441. Admission Requirements for Educator Preparation Programs
Section 21.0443. Educator Preparation Program Approval and Renewal
Section 21.045. Accountability System for Educator Preparation Programs
Section 21.0451. Sanctions Under Accountability System for Educator Preparation Programs
Section 21.0452. Consumer Information Regarding Educator Preparation Programs
Section 21.0453. Information for Candidates for Teacher Certification
Section 21.0454. Risk Factors for Educator Preparation Programs; Risk-Assessment Model
Section 21.0455. Complaints Regarding Educator Preparation Programs
Section 21.046. Qualifications for Certification as Superintendent or Principal
Section 21.047. Centers for Professional Development of Teachers
Section 21.048. Certification Examinations
Section 21.0485. Certification to Teach Students With Visual Impairments
Section 21.0486. Technology Applications Certification
Section 21.0487. Junior Reserve Officer Training Corps Teacher Certification
Section 21.0488. Trades and Industries Education Certification for Military Personnel
Section 21.0489. Early Childhood Certification
Section 21.04891. Bilingual Special Education Certification
Section 21.049. Alternative Certification
Section 21.0491. Probationary and Standard Trade and Industrial Workforce Training Certificates
Section 21.052. Certification of Educators From Outside the State
Section 21.053. Presentation and Recording of Certificates
Section 21.054. Continuing Education
Section 21.0543. Continuing Education Credit for Instruction Related to Digital Technology
Section 21.055. School District Teaching Permit
Section 21.056. Additional Certification
Section 21.057. Parental Notification
Section 21.0581. Revocation for Assisting Person Who Engaged in Sexual Misconduct Obtain Employment
Section 21.059. Extension of Certain Deadlines for Active Duty Military Personnel
Section 21.060. Eligibility of Persons Convicted of Certain Offenses
Section 21.061. Review and Updating of Educator Preparation Programs
Section 21.062. Issuance of Subpoenas
Section 21.063. Teacher Designations on Certificate
Section 21.064. Legacy Master Teacher Certifications
Section 21.065. Notice to Teacher Regarding Suspension of Certificate or Permit