Certificate of Interested Parties Form 1295

WHO IS REQUIRED TO FILE FORM 1295 CERTIFICATE OF INTERESTED PARTIES?

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 (Form 1295) 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 Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission.  

WHAT CONTRACTS DOES FORM 1295 APPLY TO?

The law applies only to 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, or whichever is earlier, including an amended, extended, or renewed 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 $1,000,000.00.

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). Info from the Texas Ethics Commission Website

HOW DO I FILE FORM 1295 CERTIFICATE OF INTERESTED PARTIES?

Form 1295 must be filed with the Texas Ethics Commission prior to submission to the Town of Argyle with proposed contracts.

A business entity must file Form 1295 electronicall with the Texas Ethics commission using the online filing application.  Follow this link to their website to begin the process:  Form 1295 Certificate of Interest Parties Filing.

After registering and filing the form online with the Texas Ethics Commission, you will print the resulting form and submit it to the Town of Argyle by emailing it to dbuchanan@argyletx.com or mailing to Town of Argyle/Finance Dept., PO Box 609, Argyle, TX 76226.