Learn about Form 1295 “Certificate of Interested Parties”. Providers of goods and services are “business entities” and they create and submit the form. Receivers of these goods and services are the “government entities” and they acknowledge the form.
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. If you are the business entity that is completing the form, you are a filer type CERT-BUS. If you are the governmental entity or state agency that received the signed certificate and wish to acknowledge it, you are a filer type CERT-GOV.
To use the electronic filing application, you must set up a Filer ID/account. This Filer ID is your selected email address. All password tokens are sent to this email address. Go to the Login Page and click on the text that states “Click here if you don’t have a user ID” in order to create your filer account.
If you already have a 1295 account, click on Login to the Filing Application above to access your account.
If you don’t remember your password, you can go to the Login page and click on the “Forgot Password?” text in order to reset your password. Your Filer ID is your email address. An email will be sent to your email address with a token that is used to change your password.
Select your “User Type” from the pulldown menu.
Enter your email address in lowercase. Use an active email address where you can receive your password reset emails from the TEC. This email address will be your 1295 Filer ID. When all your information is entered, click on “Create Account”:
After you click on “Create Account” you will receive an email from do-not-reply@ethics.texas.gov with a link and instructions to set up the password for your new 1295 Filer ID.
NOTE: If you just created your email address, please wait up to one day before creating your new 1295 Filer ID. New mailboxes may not receive messages immediately, which can prevent the password email from being delivered, and future email messages sent to that email address could be blocked.
At the next screen, TEC filers must enter their Filer ID or account number, shown with a red arrow pointing to the location. A local filer or a 1295 filer must enter the email address they are using for a login Filer ID (case sensitive as initially created). After entering your Filer ID, a filer must select a proper filer type from the pull down menu accessed by clicking the “v” to the right of “Select Filer Type”. Then you must click the “Next” button at the far right bottom of the screen to proceed. This screen is illustrated below:
You will receive a message in blue at the top right corner “An email has been sent”. An email from do-not-reply@ethics.texas.gov containing a link to change your password will be emailed to the primary email address on file.
The email token is good for 7 days. (A 1295 email token is good for 24 hours.) After that you must request a new password reset. The email token can be clicked only once. After it has been used, it is no longer usable.
Note: IE is no longer supported by Microsoft and is not recommended
How to Create a Certificate
How To Acknowledge a Certificate
The Texas Ethics Commission was required to adopt rules necessary to implement that law, 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 (Chapter 46) on November 30, 2015, to implement the law. The Commission does not have any additional authority to enforce or interpret House Bill 1295.
The governmental entity or state agency must notify the Commission, using the Commission’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. This process is known as acknowledging the certificate. The Commission will post the acknowledged Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. The posted acknowledged form does not contain the declaration of signature information provided by the business.
A certificate will stay in the pending state until it is acknowledged by the governmental agency. Only acknowledged certificates are posted to the Commission’s website.
§46.1. Application
(a) This chapter applies to §2252.908 of the Government Code
(b) 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.
§46.3. Definitions
(a) “Contract” means 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, whichever is earlier, and includes an amended, extended, or renewed contract.
(b) “Business entity” includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency.
(c) “Controlling interest“ means:
(1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. This paragraph does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.
(d) “Interested party” means:
(1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) an intermediary.
(e) “Intermediary,” for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:
(1) receives compensation from the business entity for the person’s participation; (2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and (3) is not an employee of the business entity or of an entity with a controlling interest in the business entity.
(f) “Signed” includes any symbol executed or adopted by a person with present intention to authenticate a writing, including an electronic signature.
(g) “Value” of a contract is based on the amount of consideration received or to be received by the business entity from the governmental entity or state agency under the contract.
§46.4. Changes to Contracts
(a) Section 2252.908 of the Government Code does not apply to a change made to an existing contract, including an amendment, change order, or extension of a contract, except as provided by subsections (b) or (c) of this section.
(b) Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or extension of a contract, if a disclosure of interested parties form was not filed for the existing contract; and either:
(1) the changed contract requires an action or vote by the governing body of the entity or agency; or (2) the value of the changed contract is at least $1 million.
(c) Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or extension of a contract, if the business entity submitted a disclosure of interested parties form to the governmental entity or state agency that is a party to the existing contract; and either:
(1) there is a change to the disclosure of interested parties; or (2) the changed contract requires an action or vote by the governing body of the entity or agency; or (3) the value of the changed contract is at least $1 million greater than the value of the existing contract.
§46.5. Disclosure of Interested Parties Form
(a) A disclosure of interested parties form required by §2252.908 of the Government Code must be filed on an electronic form prescribed by the Commission.
(b) The certification of filing and the completed disclosure of interested parties form generated by the Commission’s electronic filing application must be printed, signed by an authorized agent of the contracting business entity, and submitted to the governmental entity or state agency that is the party to the contract for which the form is being filed.
(c) A governmental entity or state agency that receives a completed disclosure of interested parties form and certification of filing shall notify the Commission, in an electronic format prescribed by the Commission, of the receipt of those documents not later than the 30th day after the date the governmental entity or state agency receives the disclosure.
(d) The Commission shall make each disclosure of interested parties form filed with the Commission under §2252.908(f) of the Government Code available to the public on the Commission’s Internet website not later than the seventh business day after the date the Commission receives the notice required under subsection (c) of this section.