84R8226 YDB-F
By: Kolkhorst S.B. No. 852
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of interested parties by persons
contracting with governmental entities and state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 2252, Government Code, is
amended by adding Section 2252.908 to read as follows:
Sec. 2252.908. DISCLOSURE OF INTERESTED PARTIES. (a) In
this section:
(1) "Governmental entity" means a municipality,
county, public school district, or special-purpose district or
authority.
(2) "Interested party" means each person who benefits
financially from a contract, including a person who has a legal or
equitable interest in the contract or a contracting person or a
person who serves as a broker, intermediary, director, adviser, or
attorney for, or otherwise actively participates in, a contract.
(3) "State agency" means a board, commission, office,
department, or other agency in the executive, judicial, or
legislative branch of state government. The term includes an
institution of higher education as defined by Section 61.003,
Education Code.
(b) This section applies only to a contract of a
governmental entity or state agency that:
(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.
(c) A governmental entity or state agency may not enter into
a contract described by Subsection (b) with a person unless the
person, in accordance with this section and rules adopted under
this section, submits a disclosure of interested parties to the
governmental entity or state agency at the time the person submits
the signed contract to the entity or agency.
(d) The disclosure of interested parties must be submitted
on a form prescribed by the Texas Ethics Commission that includes:
(1) a list of each interested party for the contract of
which the contracting person is aware; and
(2) the signature of the contracting person, or of the
authorized agent of the contracting person who is signing for the
contracting person, acknowledging that the disclosure is made under
oath under penalty of perjury.
(e) Not later than the 30th day after the date the
governmental entity or state agency receives a disclosure of
interested parties required under this section, the governmental
entity or state agency shall submit a copy of the disclosure to the
Texas Ethics Commission.
(f) The Texas Ethics Commission shall adopt rules necessary
to implement this section, prescribe the disclosure of interested
parties form, and post a copy of the form on the commission's
Internet website.
SECTION 2. (a) Not later than December 1, 2015, the Texas
Ethics Commission shall adopt the rules, prescribe the disclosure
of interested parties form, and post the form on the commission's
Internet website as required by Section 2252.908, Government Code,
as added by this Act.
(b) Section 2252.908, Government Code, as added by this Act,
applies only to a contract entered into on or after January 1, 2016.
SECTION 3. This Act takes effect September 1, 2015.