Tex. Educ. Code § 39.0302 · Subchapter B. ASSESSMENT OF ACADEMIC SKILLS
ISSUANCE OF SUBPOENAS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) During an agency investigation or audit of a school district under Section 39.0301(e) or (f), a special investigation under Section 39.003(a)(8) or (14), a compliance review under Section 22A.051(m), 22A.052(l), or 22A.156, or an investigation by the State Board for Educator Certification of an educator for an alleged violation of an assessment instrument security procedure established under Section 39.0301(a), the commissioner may issue a subpoena to compel the attendance of a relevant witness or 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 or audit described by Subsection (a):
(1) are confidential and not subject to disclosure under Chapter 552, Government Code; and
(2) are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to any person other than:
(A) the commissioner or the State Board for Educator Certification, as applicable;
(B) agency employees or agents involved in the investigation, as applicable; and
(C) the office of the attorney general, the state auditor's office, and law enforcement agencies.
Notes and commentary — not statutory text
History
Added by Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 12, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 509 (S.B. 123), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.003, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.017, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.06, eff. September 1, 2021.
Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 2.17, eff. June 20, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.39.htm
- Text hash
- sha256 a4cdf959e04a6d7ae48f10fe1cf738c4b6af10bdaa8c04a811d3939a1e14fdff
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Education Code
- Tex. Educ. Code § 22A.051REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO BOARD.Printed as Section 22A.051(m), 22A.052(l), or 22A.156
- Tex. Educ. Code § 22A.052REQUIREMENT TO REPORT EMPLOYEE OR SERVICE PROVIDER MISCONDUCT TO AGENCY.Printed as Section 22A.051(m), 22A.052(l), or 22A.156
- Tex. Educ. Code § 22A.156COMPLIANCE MONITORING; AGENCY INVESTIGATION AND REVIEW.Printed as Section 22A.051(m), 22A.052(l), or 22A.156
- Tex. Educ. Code § 39.003SPECIAL INVESTIGATIONS.Printed as Section 39.003(a)(8)
- Tex. Educ. Code § 39.0301SECURITY IN ADMINISTRATION OF ASSESSMENT INSTRUMENTS.Printed as Section 39.0301(a) | Section 39.0301(e)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.