Texas 2015 - 84th Regular

Texas Senate Bill SB852 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8226 YDB-F
2	2	By: Kolkhorst S.B. No. 852
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disclosure of interested parties by persons
8	8	contracting with governmental entities and state agencies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 2252, Government Code, is
11	11	amended by adding Section 2252.908 to read as follows:
12	12	Sec. 2252.908. DISCLOSURE OF INTERESTED PARTIES. (a) In
13	13	this section:
14	14	(1) "Governmental entity" means a municipality,
15	15	county, public school district, or special-purpose district or
16	16	authority.
17	17	(2) "Interested party" means each person who benefits
18	18	financially from a contract, including a person who has a legal or
19	19	equitable interest in the contract or a contracting person or a
20	20	person who serves as a broker, intermediary, director, adviser, or
21	21	attorney for, or otherwise actively participates in, a contract.
22	22	(3) "State agency" means a board, commission, office,
23	23	department, or other agency in the executive, judicial, or
24	24	legislative branch of state government. The term includes an
25	25	institution of higher education as defined by Section 61.003,
26	26	Education Code.
27	27	(b) This section applies only to a contract of a
28	28	governmental entity or state agency that:
29	29	(1) requires an action or vote by the governing body of
30	30	the entity or agency before the contract may be signed; or
31	31	(2) has a value of at least $1 million.
32	32	(c) A governmental entity or state agency may not enter into
33	33	a contract described by Subsection (b) with a person unless the
34	34	person, in accordance with this section and rules adopted under
35	35	this section, submits a disclosure of interested parties to the
36	36	governmental entity or state agency at the time the person submits
37	37	the signed contract to the entity or agency.
38	38	(d) The disclosure of interested parties must be submitted
39	39	on a form prescribed by the Texas Ethics Commission that includes:
40	40	(1) a list of each interested party for the contract of
41	41	which the contracting person is aware; and
42	42	(2) the signature of the contracting person, or of the
43	43	authorized agent of the contracting person who is signing for the
44	44	contracting person, acknowledging that the disclosure is made under
45	45	oath under penalty of perjury.
46	46	(e) Not later than the 30th day after the date the
47	47	governmental entity or state agency receives a disclosure of
48	48	interested parties required under this section, the governmental
49	49	entity or state agency shall submit a copy of the disclosure to the
50	50	Texas Ethics Commission.
51	51	(f) The Texas Ethics Commission shall adopt rules necessary
52	52	to implement this section, prescribe the disclosure of interested
53	53	parties form, and post a copy of the form on the commission's
54	54	Internet website.
55	55	SECTION 2. (a) Not later than December 1, 2015, the Texas
56	56	Ethics Commission shall adopt the rules, prescribe the disclosure
57	57	of interested parties form, and post the form on the commission's
58	58	Internet website as required by Section 2252.908, Government Code,
59	59	as added by this Act.
60	60	(b) Section 2252.908, Government Code, as added by this Act,
61	61	applies only to a contract entered into on or after January 1, 2016.
62	62	SECTION 3. This Act takes effect September 1, 2015.