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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of interested parties by business |
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entities contracting with governmental entities or state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2252.908(a)(3), Government Code, is |
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amended to read as follows: |
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(3) "Interested party" means a person who has a |
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controlling interest, as defined by Section 171.0001, Tax Code, in |
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a business entity with whom a governmental entity or state agency |
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contracts or who actively participates in facilitating the contract |
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or negotiating the terms of the contract, including a broker, |
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intermediary, adviser, or attorney for the business entity. |
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SECTION 2. Sections 2252.908(b), (d), and (f), Government |
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Code, are amended to read as follows: |
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(b) This section applies only to a contract that a business |
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entity enters into or seeks to enter into with [of] a governmental |
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entity or state agency that: |
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(1) requires an action or vote by the governing body of |
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the governmental entity or state agency before the contract may be |
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signed; and [or] |
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(2) has a value of at least $10 [$1] million. |
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(d) A governmental entity or state agency may not enter into |
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a contract described by Subsection (b) with a business entity that |
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does not have a disclosure of interested parties on file with the |
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Texas Ethics Commission [unless the business entity, in accordance
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with this section and rules adopted under this section, submits a
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disclosure of interested parties to the governmental entity or
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state agency at the time the business entity submits the signed
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contract to the governmental entity or state agency]. |
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(f) A business entity subject to this section shall submit a |
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disclosure of interested parties to the Texas Ethics Commission: |
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(1) annually until expiration of the contract to which |
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this section applies; and |
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(2) not later than the 30th day after the date of any |
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material change in the interested parties previously disclosed by |
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the business entity under this section [Not later than the 30th day
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after the date the governmental entity or state agency receives a
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disclosure of interested parties required under this section, the
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governmental entity or state agency shall submit a copy of the
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disclosure to the Texas Ethics Commission]. |
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SECTION 3. Not later than December 1, 2017, the Texas Ethics |
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Commission shall adopt any rules necessary to comply with the |
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changes in law made by this Act. |
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SECTION 4. The changes in law made by this Act apply only to |
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a contract for which the request for bids or proposals or other |
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applicable expressions of interest is made public on or after |
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January 1, 2018. |
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SECTION 5. This Act takes effect September 1, 2017. |