Texas § 39.0302 ISSUANCE OF SUBPOENAS.

Texas Statutes

§ 39.0302 — ISSUANCE OF SUBPOENAS.

Texas § 39.0302

Code EDEducation Code

This text of Texas § 39.0302 (ISSUANCE OF SUBPOENAS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Education Code Code Ann. § 39.0302 (2026).

Text

Sec. 39.0302. ISSUANCE OF SUBPOENAS.

(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 attorne

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Sec. 39.0302. ISSUANCE OF SUBPOENAS. (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.

Legislative 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.