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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 persons |
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contracting with governmental entities and state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.954 to read as follows: |
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Sec. 51.954. DISCLOSURE OF SPONSORS OF RESEARCH IN PUBLIC |
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COMMUNICATIONS. (a) In any public communication the content of |
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which is based on the results of sponsored research, a faculty |
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member or other employee or appointee of an institution of higher |
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education who conducted or participated in conducting the research |
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shall conspicuously disclose the identity of each sponsor of the |
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research. This subsection does not require the disclosure of |
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interested parties in a contract that is exempt from disclosure |
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under Section 2252.908, Government Code. |
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(b) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Public communication" means oral or written |
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communication intended for public consumption or distribution, |
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including: |
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(A) testimony in a public administrative, |
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legislative, regulatory, or judicial proceeding; |
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(B) printed matter including a magazine, |
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journal, newsletter, newspaper, pamphlet, or report; or |
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(C) posting of information on a website or |
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similar Internet host for information. |
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(3) "Sponsor" means an entity that contracts for or |
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provides money or materials for research. |
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(4) "Sponsored research" means research: |
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(A) that is conducted under a contract with or a |
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grant from an individual or entity, other than the institution |
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conducting the research, for the purpose of the research; and |
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(B) in which payments received or the value of |
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materials received under that contract or grant, or under a |
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combination of more than one such contract or grant, constitutes at |
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least 50 percent of the cost of conducting the research. |
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SECTION 2. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.908 to read as follows: |
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Sec. 2252.908. DISCLOSURE OF INTERESTED PARTIES. (a) In |
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this section: |
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(1) "Business entity" means any entity recognized by |
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law through which business is conducted, including a sole |
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proprietorship, partnership, or corporation. |
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(2) "Governmental entity" means a municipality, |
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county, public school district, or special-purpose district or |
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authority. |
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(3) "Interested party" means a person who has a |
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controlling interest in a business entity with whom a governmental |
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entity or state agency contracts or who actively participates in |
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facilitating the contract or negotiating the terms of the contract, |
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including a broker, intermediary, adviser, or attorney for the |
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business entity. |
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(4) "State agency" means a board, commission, office, |
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department, or other agency in the executive, judicial, or |
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legislative branch of state government. The term includes an |
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institution of higher education as defined by Section 61.003, |
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Education Code. |
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(b) This section applies only to a contract of a |
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governmental 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 entity or agency before the contract may be signed; or |
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(2) has a value of at least $1 million. |
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(c) Notwithstanding Subsection (b), this section does not |
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apply to: |
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(1) a sponsored research contract of an institution of |
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higher education; |
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(2) an interagency contract of a state agency or an |
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institution of higher education; or |
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(3) a contract related to health and human services |
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if: |
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(A) the value of the contract cannot be |
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determined at the time the contract is executed; and |
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(B) any qualified vendor is eligible for the |
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contract. |
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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 |
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unless the business entity, in accordance with this section and |
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rules adopted under this section, submits a disclosure of |
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interested parties to the governmental entity or state agency at |
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the time the business entity submits the signed contract to the |
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governmental entity or state agency. |
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(e) The disclosure of interested parties must be submitted |
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on a form prescribed by the Texas Ethics Commission that includes: |
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(1) a list of each interested party for the contract of |
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which the contracting business entity is aware; and |
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(2) the signature of the authorized agent of the |
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contracting business entity, acknowledging that the disclosure is |
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made under oath and under penalty of perjury. |
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(f) Not later than the 30th day after the date the |
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governmental entity or state agency receives a disclosure of |
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interested parties required under this section, the governmental |
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entity or state agency shall submit a copy of the disclosure to the |
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Texas Ethics Commission. |
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(g) The Texas Ethics Commission shall adopt rules necessary |
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to implement this section, prescribe the disclosure of interested |
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parties form, and post a copy of the form on the commission's |
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Internet website. |
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SECTION 3. (a) Not later than December 1, 2015, the Texas |
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Ethics Commission shall adopt the rules, prescribe the disclosure |
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of interested parties form, and post the form on the commission's |
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Internet website as required by Section 2252.908, Government Code, |
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as added by this Act. |
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(b) Section 2252.908, Government Code, as added by this Act, |
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applies only to a contract entered into on or after January 1, 2016. |
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SECTION 4. This Act takes effect September 1, 2015. |
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* * * * * |