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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of interested parties by persons |
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contracting with governmental entities and state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.908 to read as follows: |
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Sec. 2252.908. DISCLOSURE OF INTERESTED PARTIES. (a) In |
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this section: |
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(1) "Governmental entity" means a municipality, |
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county, public school district, or special-purpose district or |
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authority. |
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(2) "Interested party" means each person who benefits |
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financially from a contract, including a person who has a legal or |
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equitable interest in the contract or a contracting person or a |
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person who serves as a broker, intermediary, director, adviser, or |
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attorney for, or otherwise actively participates in, a contract. |
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(3) "State agency" means a board, commission, office, |
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department, or other agency in the executive, judicial, or |
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legislative branch of state government. The term includes an |
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institution of higher education as defined by Section 61.003, |
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Education Code. |
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(b) This section applies only to a contract of a |
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governmental entity or state agency that: |
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(1) requires an action or vote by the governing body of |
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the entity or agency before the contract may be signed; or |
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(2) has a value of at least $1 million. |
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(c) A governmental entity or state agency may not enter into |
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a contract described by Subsection (b) with a person unless the |
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person, in accordance with this section and rules adopted under |
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this section, submits a disclosure of interested parties to the |
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governmental entity or state agency at the time the person submits |
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the signed contract to the entity or agency. |
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(d) The disclosure of interested parties must be submitted |
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on a form prescribed by the Texas Ethics Commission that includes: |
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(1) a list of each interested party for the contract of |
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which the contracting person is aware; and |
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(2) the signature of the contracting person, or of the |
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authorized agent of the contracting person who is signing for the |
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contracting person, acknowledging that the disclosure is made under |
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oath under penalty of perjury. |
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(e) Not later than the 30th day after the date the |
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governmental entity or state agency receives a disclosure of |
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interested parties required under this section, the governmental |
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entity or state agency shall submit a copy of the disclosure to the |
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Texas Ethics Commission. |
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(f) The Texas Ethics Commission shall adopt rules necessary |
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to implement this section, prescribe the disclosure of interested |
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parties form, and post a copy of the form on the commission's |
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Internet website. |
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SECTION 2. (a) Not later than December 1, 2015, the Texas |
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Ethics Commission shall adopt the rules, prescribe the disclosure |
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of interested parties form, and post the form on the commission's |
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Internet website as required by Section 2252.908, Government Code, |
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as added by this Act. |
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(b) Section 2252.908, Government Code, as added by this Act, |
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applies only to a contract entered into on or after January 1, 2016. |
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SECTION 3. This Act takes effect September 1, 2015. |