New Requirement: Notice to Vendors Regarding Form 1295

Texas Government Code Section 2252.908 (“Section 2252.908”) states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits Form 1295, 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. Section 2252.908 applies to all contracts entered into from and after January 1, 2016 between business entities and Texas governmental entities and state agencies, including Tarrant County Hospital District d/b/a JPS Health Network (“TCHD”) which meet either one of the following criteria:

  1. the contract requires a vote of the governing body of the Texas governmental entity, or
  2. the contract has a contractual value of at least $1 Million.

Pursuant to the requirements of Section 2252.908 the Texas Ethics Commission (“TEC”) has (i) adopted rules necessary to implement the law (“Chapter 46 Rules”), (ii) prescribed the disclosure of interested parties form, and (iii) posted a copy of the form on TEC’s website. The form is called Certificate of Interested Parties and is referred to as “Form 1295”. The Chapter 46 Rules may be found on the TEC website at:

https://www.ethics.state.tx.us/tec/1295-Info.htm

Form 1295 can only be completed on the TEC website. TEC video tutorials explaining the mechanics of completing and filing Form 1295, and TEC FAQs regarding these matters, may be found on the TEC website at:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

In the 2017 Texas Legislative Session the Texas Legislature amended Section 2252.908 to provide that the requirements of Section 2252.908 do not apply to the following contracts entered into or amended after January 1, 2018:

  1. a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity;
  2. a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code; or
  3. a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code. TCHD is providing the foregoing information so that you can conform your company’s business practices to the requirements of Section 2252.908. It is your responsibility to comply with Section 2252.908. TCHD cannot enter into or execute any applicable contract with your company unless the requirements of Section 2252.908 have been met with respect to each applicable contract.

 

It is IMPORTANT that you include the unique identification number assigned to your contract by TCHD (six digit contract ID) on each Form 1295 (item #3).

Thank you for your time and attention. If you have questions regarding the above please contact: Contract_Specialist@jpshealth.org or call (817) 702-6996.