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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) During an investigation by the commissioner of an educator or person who is employed by or providing services to an educational entity 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 of relevant evidence that is located in this state.
(a-1) A response to a subpoena described by Subsection (a)(2) must be submitted through the Internet portal developed and maintained by the agency under Section 22A.155 unless the commissioner authorizes a different method of submission.
(b) A subpoena may be served personally, electronically, 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 a person based on an alleged incident of misconduct.
Cite this article: FindLaw.com - Texas Education Code - EDUC § 22A.103 . Issuance of Subpoenas - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-22a-103/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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