HB4206 - Relating to the creation of the office of inspector general for education at the Texas Education Agency to investigate the administration of public education and required reporting on misconduct by employees of certain educational entities; creating a criminal offense; increasing an administrative penalty; authorizing an administrative penalty.

      By: Toth H.B. No. 4206       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the office of inspector general for   education at the Texas Education Agency to investigate the   administration of public education and required reporting on   misconduct by employees of certain educational entities; creating a   criminal offense; increasing an administrative penalty;   authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 7, Education Code, is amended by adding   Subchapter E to read as follows:   SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL FOR EDUCATION           Sec. 7.151.  DEFINITIONS. In this subchapter:                 (1)     "Inspector general" means the inspector general   for education appointed under this subchapter.                 (2)     "Office" means the office of inspector general for   education established under this subchapter.           Sec.   7.152.     OFFICE OF INSPECTOR GENERAL FOR EDUCATION. (a)   The office of inspector general for education is established as a   separate and independent division within the agency. The office   shall operate independently in performing the office's duties under   this subchapter, and the agency may not maintain control of or a   vested interest in or exert influence over the office.           (b)     The board shall, by a vote of at least two-thirds of   board members and subject to the advice and consent of the senate,   appoint an inspector general to serve as director of the office.           (c)     The appointment of inspector general shall be made   without regard to political affiliation. To be eligible for   appointment as inspector general, a person must be:                 (1)     certified as an inspector general investigator by   the Association of Inspectors General or possess an equivalent   credential as determined by that association; and                 (2)  qualified, by experience or education, in:                       (A)     at least one of the following areas of   primary expertise:                             (i)  the practice of law;                             (ii)  fraud investigation; or                             (iii)     the operations of an inspector   general; and                       (B)     at least two of the following areas of   secondary expertise:                             (i)  whistleblower investigations;                             (ii)  criminal investigations;                             (iii)  auditing;                             (iv)  government operations;                             (v)  financial analysis; or                             (vi)  operation management analysis.           (d)     The inspector general serves for a term of four years   and continues to serve until a successor has been appointed. The   inspector general may be reappointed for subsequent terms.           (e)     If a vacancy occurs in the position of inspector general   and has remained unfilled for more than 60 days, the governor may   appoint an interim inspector general to serve until a successor is   appointed.           (f)     The inspector general may be removed by the board by a   vote of at least two-thirds of board members for:                 (1)     substantiated malfeasance or gross misfeasance in   office;                 (2)     evidence of persistent failure to perform the   duties of the office; or                 (3)     substantiated conduct prejudicial to the proper   administration of justice.           (g)     The inspector general shall be compensated under Salary   Schedule C of the General Appropriations Act.           Sec.   7.153.     ADMINISTRATIVE POWERS AND DUTIES. (a) The   inspector general may employ professional staff, investigators,   and other personnel, including peace officers, as necessary for the   office to perform its duties.           (b)     The inspector general shall supervise all personnel   employed by the office.           (c)     The inspector general shall adopt a professional code of   conduct and ethics for all office employees that ensures the office   maintains the highest standards of integrity, impartiality, and   confidentiality.           (d)     The inspector general and each office employee is   subject to all applicable state laws regarding ethics and conflicts   of interest, including the nepotism prohibitions under Chapter 573,   Government Code. The board shall adopt protocols for the office to   ensure the office's compliance with all applicable laws.           (e)     The agency shall provide administrative, logistical,   and financial support to the office as necessary to facilitate the   successful and impartial operation of the office without prejudice   or undue influence on the office's functions, powers, or duties.           Sec.   7.154.     GENERAL RESPONSIBILITIES. (a) The office   shall:                 (1)     perform inspections, evaluations, and reviews and   provide quality control for investigations initiated by the agency;                 (2)  investigate complaints and allegations of:                       (A)  fraud, waste, or abuse of agency money;                       (B)     employee misconduct described by Section   21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B); or                       (C)  conduct by an employee of the agency that:                             (i)     threatens the safety of public school   students in this state; or                             (ii)     demonstrates negligence,   incompetence, misfeasance, or malfeasance;                 (3)     cooperate with and coordinate investigative   efforts with law enforcement and, if a preliminary investigation   establishes a sufficient basis for referral to law enforcement,   refer the matter to the appropriate local law enforcement agency,   prosecuting attorney, or federal law enforcement agency; and                 (4)     perform all other duties required under the   memorandum of understanding entered into under Section 7.157.           (b)     If the office is unable to investigate a complaint or   allegation because of a conflict of interest, the office shall   refer the complaint or allegation to the attorney general for   referral to another investigative entity.           Sec.   7.155.     GENERAL POWERS. (a) In conducting an   investigation under Section 7.154(a)(2), the inspector general   may:                 (1)     issue letters of spoliation to any person who may   possess or control evidence relevant to an investigation;                 (2)  subpoena any person or evidence;                 (3)  administer oaths;                 (4)  take and certify affidavits;                 (5)  take depositions and other testimony; and                 (6)     access all records produced or maintained by an   entity that is the subject of the investigation.           (b)  A letter of spoliation issued under Subsection (a) must:                 (1)     identify the specific evidence relevant to the   investigation;                 (2)     explain the importance of preserving the evidence;   and                 (3)     inform the letter recipient of the potential legal   consequences of failing to preserve evidence subject to the letter.           (c)     An entity that is the subject of an investigation shall   provide access to any record requested by the inspector general not   later than the 30th day after the date on which the inspector   general notifies the entity of the request.           (d)     If a person fails to comply with a subpoena issued under   Subsection (a), the inspector general, acting through the attorney   general, may file suit to enforce the subpoena in a district court   in this state. On a finding that good cause exists for issuing the   subpoena, the court shall order the person to comply with the   subpoena and may punish a person who fails to obey the court order.           (e)     In addition to the inspector general's powers under   Subsection (d), the inspector general may coordinate with a local   law enforcement agency or the attorney general to seek a court order   to compel the preservation of evidence or obtain access to relevant   documents or information.           Sec.   7.156.     DUTY TO INVESTIGATE EMPLOYEE MISCONDUCT;   REFERRAL OF FINDINGS OF MISCONDUCT. (a) Notwithstanding Section   21.062, the office has the exclusive duty and responsibility to   investigate allegations of employee misconduct described by   Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B).           (b)     Not later than the 120th day after the date on which an   investigation by the office into employee misconduct described by   Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B) results   in a substantiated finding of misconduct, the inspector general   shall refer the findings for appropriate administrative action to:                 (1)     if the employee who engaged in the misconduct is an   educator, the State Board for Educator Certification; or                 (2)     if the employee who engaged in the misconduct is   not an educator, the commissioner.           (c)     The State Board for Educator Certification or   commissioner, as applicable, shall determine the appropriate   administrative action to take und [Text truncated for display. 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