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In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.
What Are My Responsibilities?
A governmental entity or state agency that receives a completed disclosure of interested parties form and certificate of filing shall notify the TEC of receipt of those documents not later than the 30th day after the date the contract associated with the forms binds all parties to the contract. The governmental entity will use the TEC’s Form 1295 online application to acknowledge any completed certificates they have received.
Once a governmental entity has acknowledged a certificate, the completed Form 1295 will be available on the TEC’s website within seven business days.
Enter Certificate Number you wish to acknowledge: Each Form 1295 (certificate) filed with the TEC will have a unique certificate number. You can find the unique certificate number in the top right-hand corner of Form 1295 in the "OFFICE USE ONLY" box. Enter the certificate number for the Form 1295 that you wish to acknowledge twice, and click the
Once you click the
If the information displayed is incorrect, select
You can also select
If you acknowledge a certificate in error, you cannot undo the certification. Contact the Texas Ethics Commission at 512-463-5800 and ask to speak with Technical Support.
Completed Certificates List: After you acknowledge your first certificate, the filing application will begin a list of all completed certificates that have been acknowledged for this governmental entity. The list will display columns showing pertinent information for each completed certificate:
From this list, you can print a PDF copy of the acknowledged certificate. You can also sort the list in ascending or descending order by clicking on the column header in which you are interested or search the list by entering the search word in the field at the top of each column.
Business Entity: Includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency.
Contract: Includes an amended, extended, or renewed contract.
Controlling Interest:
(1) An ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;
(2) Membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or
(3) Service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers.
Interested Party:
(1) A person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or
(2) an intermediary.
Intermediary: A person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, advisor, attorney, or representative of or agent for the business entity who:
(1) receives compensation from the business entity for the person’s participation;
(2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and
(3) is not an employee of the business entity.
Last Revised May 25, 2016