Implementation of House Bill 1295
Conflicts of Interest
All vendors doing business with Palo Pinto County will need to complete the following forms:
1. Vendor Registration Form
2. W9 Form
3. Certificate of Interested Parties (form 1295)
Implementation of House Bill 1295
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 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 or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.
The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295.
Filing Process:
By January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.
The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency.
Information regarding how to use the filing application will be available on this site by January 1, 2016.
Conflicts of Interest
As required by Chapter 176 of the Texas
Local Government Code requires that any vendor or person considering
doing business with a local government entity disclose in the
questionnaire Form CIQ, the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local
government entity. By law, this questionnaire must be filed with the
records administrator of Palo Pinto County no later that the 7th business
day after the date the person becomes aware of facts that require the
statement to be filed. See Local Government Code Section § 176.006. A
person commits an offense if the person violates Local Government Code
Section § 176.006. An offense under this section is a Class C
misdemeanor.
Current Conflicts of Interest Questionnaires now
filed may be viewed at the County Clerk's office located in the Palo
Pinto County Courthouse. For questions, please call 940-659-1276.
CIQ (Conflict of Interest Questionnaire) Form <--click to download form.
Chapter 176 of the Texas Local Government Code