The commissioner may issue subpoenas in misconduct investigations, and certain subpoena responses must be filed through the agency portal unless another method is authorized.
Sec. 22A.103. ISSUANCE OF SUBPOENAS. (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. 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. Transferred, redesignated and amended from Education Code, Section 21.062 by Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.14, eff. June 20, 2025.