Certificate of Interested Parties Form 1295
Special message: Please read the Special Notification regarding HB 1295 effective January 1, 2016, implemented by the Texas Ethics Commission, which requires business entities to provide a completed Form 1295 to University Health System along with signed contracts over $250,000 in order to execute them.
Certificate of Interested Parties-Form 1295
In 2015, the Texas Legislature adopted House Bill 1295. 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 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.
To implement the law, the Texas Ethics Commission (TEC) adopted new rules necessary to 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 as part of Chapter 46 of the Texas Administrative Code on November 30, 2015.
On January 1, 2016, TEC made a new filing application available on their website for business entities to use to both create and file Form 1295. Business entities will enter the required information on Form 1295 within the application and print a copy of the completed form, which will include a certification of filing with a unique certification number. An authorized agent of the business entity will need to sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be included with the signed contract to the governmental body or state agency in order for the governmental body to execute the contract.
University Health System will then notify the commission, using TEC’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.
TEC will then post the business entity’s completed Form 1295 to its website within seven (7) business days after receiving notice from University Health System acknowledging that it was received.
Per State of Texas Government Code, Sec. 2252.908, DISCLOSURE OF INTERESTED PARTIES a “Business Entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation.
To obtain additional information on HB 1295, to learn more about TEC’s process to create a new account or to complete an electronic version of Form 1295 for submission with a signed contract, please go to the following link: https://www.ethics.state.tx.us/
Instructional Videos for Business Entities on how to file online can be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
It is important to note that Business Entities MUST file their 1295 Form online and obtain a certificate number when their filing is completed. Do not print out a blank 1295 form and then handwrite or type in the form outside of the online filing system.