Form 1295 Filings Page Help

For Business Entities: Filing a Certificate of Interested Parties

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General Information Manage My 1295 Forms Certificate of Interested Parties Glossary

Form 1295: General Information

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.

The law applies (with a few exceptions) only to a contract, between a business entity and a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed, (2) has a value of at least $1 million, or (3) is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

Do I Need to File Form 1295?

The law applies only to a contract of a governmental entity or state agency that either:

(1) requires an action or vote by the governing body of the entity or agency before the contract may be signed;

(2) has a value of at least $1 million; or

(3) is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code.

Gov’t Code § 2252.908. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

A contract does not require an action or vote by the governing body of a governmental entity or state agency if:

(1) the governing body has legal authority to delegate to its staff the authority to execute the contract;

(2) the governing body has delegated to its staff the authority to execute the contract; and

(3) the governing body does not participate in the selection of the business entity with which the contract is entered into.

1 T.A.C. § 46.1(c).

How Do I File Form 1295?

A business entity must use the Form 1295 filing application the Commission created to enter the required information on Form 1295 and print a copy of the completed form. Once entered into the filing application, the completed form will include a unique certification number, called a “certification of filing.”

An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct.

The completed, printed, and signed Form 1295 bearing the unique certification of filing number must be filed with the governmental body or state agency with which the business entity is entering into the contract.

Form 1295: Manage My 1295 Forms

Click on the Start a New Certificate button to start a new disclosure of interested parties form (certificate).

In-Progress Certificates shows you the following information about the disclosure of interested parties form(s) you have started in the TEC filing application but have not yet been completed:

Contract ID #: This column displays the identification number used by the governmental agency to track or identify the contract associated with this certificate.

Governmental Agency: This column displays the name of the state agency or other governmental entity that is a party to the contract associated with this certificate.

Action: This column displays the action(s) you may take regarding an in-progress certificate. Click on the Continue Working button to continue editing an in-progress certificate. You may also click on the Print button to print a copy of an in-progress certificate in PDF format. Note: If you preview an in-progress certificate, the PDF certificate will display the word “draft” on the document. Please note that a “draft” version of a certificate is not complete and has not been assigned a unique certificate number by the TEC. Please complete the certificate before providing it to the governmental agency.

You may click on the Delete button to completely delete an in-progress certificate. Note: If you click “Delete” you will be asked “Are you sure?” and have a chance to confirm your action. If you click “yes” to confirm, the entire certificate will be deleted and unrecoverable.

Completed Certificates shows you the following information about the certificate(s) you have completed.

Certificate Number: This column displays the unique certificate number assigned to this certificate by TEC. This certificate number will be used by the governmental agency to notify TEC of receipt of the filed certificate from the business entity.

Contract ID #: This column displays the identification number used by the governmental agency to track or identify the contract associated with this certificate.

Governmental Agency: This column displays the name of the state agency or other governmental entity that is a party to the contract associated with this certificate.

Date Completed: This column displays the date the certificate was completed by the business entity.

Certificate Status: This column displays the status of the certificate. A status of “Pending” means that the state agency or other governmental entity has not yet notified TEC of receipt of a certificate. Once the governmental agency notifies TEC of receipt of a certificate, the status will change to “Acknowledged” and the completed certificate will be posted to TEC’s website within seven business days.

Acknowledged Date: This column displays the date that the state agency or governmental entity notified TEC of receipt of a completed certificate. If the governmental agency has not yet notified TEC of receipt of a certificate, this column will be blank.

Action: This column displays the action(s) you may take regarding a completed certificate. You may click on the Print button to print a copy of a completed certificate in PDF format. Note: Once a certificate has been submitted as complete, you may no longer edit it. If there is an error on the certificate, you must click on Start a New Certificate and re-enter the required information.

Note for sending the Completed Certificate to the Government Entity: After the Form 1295 Certificate has been submitted, it will have a status of “Pending” under the Certificate Status section. Click on the Print button under the Action column to download a PDF copy of the completed certificate. Fill out and sign the "Unsworn Declaration" at the bottom of the printed Form 1295 and send it directly to the government entity with which you plan to go into contract. Once the government entity has received and reviewed the completed certificate, the government entity will acknowledge the certificate on their end. After your government partner acknowledges the Certificate, the Certificate will have a status of “Acknowledged”.

Form 1295: Completing the Certificate of Interested Parties Form

Business Name: Enter the full name of the business entity filing the certificate.

Business Location (City, State, Country): Enter the city for the business entity’s place of business. Select the State and Country of the business entity from the appropriate drop drown list.

Who is the contract with? Indicate whether the governmental party to the contract associated with this certificate is a State Agency or Other Governmental Entity.

Agency/Entity Name: Depending on whether the governmental party to the contract associated with this certificate is a State Agency or Other Governmental Entity, you will either select the name of the governmental agency from a drop down list or enter the full nameof the governmental agency.

State Agency: If the governmental party to the contract associated with this certificate is a State Agency, select the appropriate agency from the drop down list. If the State Agency is not listed, select “Other” and enter the full name of the State Agency.

Other Governmental Entity: If the governmental party to the contract associated with this certificate is not a State Agency, enter the full name of the Governmental Entity.

Contract ID Number: Enter the identification number used by the governmental agency to track or identify the contract associated with this certificate.

Description of Goods and Services to be provided: Enter a brief description of the goods or services used by the governmental agency provided under the contract associated with this certificate.

Check this box if there are no interested parties: Check this box only if there are no interested parties to the contract associated with this certificate.

List of Interested Parties: The filing application displays a list of the interested parties entered for this certificate. The list will display columns showing pertinent information for each interested party:

From this list, you will be able to edit a previously entered interested party by clicking on the field you wish to edit. You may also delete a previously entered interested party by selecting the Delete button. To enter a new interested party, click the Add More button located below the list.

Name of Interested Party:

Individual or Entity Indicate whether the interested party is an Individual or Entity.

Full Name of Interested Party (Last Name, First Name; or Entity Name): Enter the full name of the interested party. If the interested party is an individual, enter the first and last name. If the interested party is an entity, enter the full name of the entity.

Place of Business (City, State, Country): Enter the place of business for this interested party.

Nature of Interest: Indicate whether the interested party has a controlling interest in the business entity, is an intermediary to the contract, or both, for the contract associated with this certificate.

Controlling Interest: An interested party has a controlling interest in the business entity if the interested party:

(1) has an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;

(2) is a member of 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) serves as an officer of a business entity that has four or fewer officers, or serves as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

Intermediary Interest: An interested party has an intermediary interest in a contract if the person actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, 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 or of an entity with a controlling interest in the business entity.

Note: After you have entered information regarding your last interested party, you must select the Next button in order to save the data. If you select View PDF, your last entry will not show on the rendered Form 1295.

Form 1295: Glossary

A

B

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.

C

Contract: Means a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, whichever is earlier, and 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. Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

D

E

F

G

H

I

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: