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.
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