| |
|
| |
|
|
By: Bettencourt |
S.B. No. 1222 |
|
|
(In the Senate - Filed March 11, 2015; March 17, 2015, read |
|
|
first time and referred to Committee on Education; April 27, 2015, |
|
|
reported adversely, with favorable Committee Substitute by the |
|
|
following vote: Yeas 10, Nays 0; April 27, 2015, sent to printer.) |
| Click here to see the committee vote |
| |
|
|
COMMITTEE SUBSTITUTE FOR S.B. No. 1222 |
By: Bettencourt |
| |
|
|
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. |
|
|
(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. |
|
|
|
|
|
* * * * * |