Disclosure Statements
Important Notice To Vendors and Bidders – New State Law
The new law applies to:
- businesses and individuals who contract with the City,
- businesses and individuals who seek to contract with the City, (regardless of whether a bidder is awarded the contract), and
- agents who represent such businesses in their business dealings with the City.
A copy of the new law is available at http://www.capitol.state.tx.us/
The forms for reporting are available at http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm
If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each individual, business, and agent who is subject to the law’s filing requirement.
If you are required to file a Conflict of Interest Questionnaire, you should file it electronically with the City Clerk by sending it by email to the City Secretary addressed to ms@georgetown.org. A statement filed electronically satisfies the signature requirement and does not need to be notarized.
Conflicts Disclosure Statement
WHO MUST FILE A CONFLICTS DISCLOSURE STATEMENT?
Section 176.004 of the Local Government Code requires a “local government officer” file a Conflicts Disclosure Statement disclosing any business relationship with the local governmental agency if they receive taxable income or certain gifts from any person or business that contracts with the city or is considering doing business with the city.
When must a local government officer file a Conflicts Disclosure Statement?
A “local government officer” is required to file a Conflicts Disclosure Statement if:
- the person has contracted with the local governmental entity; or
- the local governmental entity is considering doing business with the person and the person has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income; or
- the person has given a local governmental officer or a family member one or more gifts that have an aggregate value of more than $250 in the 12-month period preceding the date that a contract was executed or the local governmental entity is considering doing business with the person.
A copy of the new law, HB 914 of the 79th Regular Session of the legislature, is available at http://www.capitol.state.tx.us and the form for filing is available at http://www.ethics.state.tx.us.
SUBMITTED STATEMENTS
If you have questions about this list, please contact purchasing@georgetown.org.
WHO MUST FILE A CONFLICT OF INTEREST QUESTIONNAIRE?
A person is required to file a completed Conflict of Interest Questionnaire if they are a vendor or contractor or seek to contract for the sales or purchase of property, goods, or services with a local governmental entity or if they are an agent of such a person.
WHEN MUST THE CONFLICT OF INTEREST QUESTIONNAIRE BE FILED?
The vendor or his agent must file the Conflict of Interest Questionnaire with the City Secretary no later than the seventh business day after the date the person:
- begins contract discussions or negotiations with the local governmental agency; or
- submits to the local governmental agency an application, response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the local governmental agency.
A copy of the new law, HB 914 of the 79th Regular Session of the legislature, is available at http://www.capitol.state.tx.us and the form for filing is available at http://www.ethics.state.tx.us.
Certificate of Interested Parties – Texas Ethics Commission (Form 1295)
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code and applies to all contracts entered into on or after January 1, 2016. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies to all contracts/purchases of a governmental entity that require an action or vote by the governing body of the entity.
With regards to City of Georgetown purchases, a vendor that is awarded a contract or purchase that is greater than $50,000 is required to electronically create a Form 1295 through the Texas Ethics Commission website (https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) and submit a signed and notarized copy of the form to the City. A contract, including City-issued purchase order, will not be enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form 1295 from the awarded vendor.
SUBMITTED QUESTIONNAIRES
If you have questions about this list, please contact purchasing@georgetown.org.
