Filing Reports Form 1295
Certificate of Interested Parties
Electronic Filing Application
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 contract and wish to acknowledge it, you are a filer type CERT-GOV.
To use the electronic filing application, you must setup a filer id/account. This filer id is your selected email address. All password tokens are sent to this 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, use LOGIN below 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 you with a token that is used to change your password.
The filing application can be started by using a personal computer or laptop, a Mac desktop computer or MacBook, or a Tablet to bring up a browser window. Acceptable browsers and their minimal version level are:
- Chrome 4
- Firefox 15
- Opera 12.1
- Safari 4
- Internet Explorer 9 (IE is no longer supported by Microsoft and is not recommended)
Laws & Regulations
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that 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 to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (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, or (3) is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. The disclosure requirement applies to a contract entered into on or after January 1, 2016.
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.
Starting on January 1, 2016, the commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.
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.
Forms & Instructions
A copy of the 1295 form can be found here. This copy is for reference only and can not be filled out by hand. You must use the filing application to generate the form and print it from there.