Texas § ED.39.0302 - ISSUANCE OF SUBPOENAS
Full text of Texas The Texas Constitution § ED.39.0302 — ISSUANCE OF SUBPOENAS, with citation guidance and answers to common questions.
§ ED.39.0302. ISSUANCE OF SUBPOENAS
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. 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: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ED.39.0302
What does The Texas Constitution § ED.39.0302 cover?
Section ED.39.0302 ("ISSUANCE OF SUBPOENAS") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ED.39.0302?
A common citation format is "The Texas Constitution § ED.39.0302" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ED.39.0302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.