CERTIFICATE OF INTERESTED PARTIES FORM 1295
Certificate of Interested Parties (Form 1295 must be filled out electronically with the Texas Ethics Commission’s online filing application, printed out, signed, notarized, and sent to Lovejoy Purchasing)
Lovejoy ISD is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits Lovejoy ISD from entering into a contract resulting from this procurement process (RFP, CSP, Quote, etc.) with a business entity unless the business entity submits a Certificate of Interested Parties (Form 1295) to Lovejoy ISD at the time business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission.
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 million.
Gov’t Code § 2252.908; 1 T.A.C. §§ 46.1(b), 46.3(a). 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.
Proposers must file Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Proposers must use the filing application on the Texas Ethics Commission’s website to enter the required information on Form 1295. Proposers must print a copy of the completed form, which will include a certification of filing containing a unique certification number. The Form 1295 must be signed by an authorized agent of the business entity, and the form must be notarized. The completed Form 1295 with the certification of filing certificate number and signatures must be filed with Lovejoy ISD by sending the completed form to the Lovejoy Purchasing department.
Lovejoy ISD must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no later than the 30th day after the date the contract binds all parties to the contract. After Lovejoy ISD acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website within seven business days after receiving notice from Lovejoy ISD.