CFE(LEGAL) - PURCHASING AND ACQUISITION: VENDOR RELATIONS

Required Vendor Disclosure

  1. Has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that a contract between the local governmental entity and vendor has been executed or the local governmental entity is considering entering into a contract with the vendor;
  2. Has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that a contract between the local governmental entity and vendor has been executed or the local governmental entity is considering entering into a contract with the vendor, excluding any gift that is:
    1. A political contribution as defined by Election Code Title 15; or
    2. Food accepted as a guest; or
  3. Has a family relationship with a local government officer of that local governmental entity.
  1. Enters or seeks to enter into a contract with the local governmental entity; or
  2. Is an agent of a person who enters or seeks to enter into a contract with the local governmental entity.
  1. The date that the vendor:
    1. Begins discussions or negotiations to enter into a contract with the local governmental entity; or
    2. Submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or
  2. The date the vendor becomes aware:
    1. Of an employment or other business relationship with a local government officer, or a family member of the officer;
    2. That the vendor has given one or more gifts; or
    3. Of a family relationship with a local government officer.

Local Gov't Code 176.003(a)(2), (a-1), .006(a)–(b), (e)

Definitions

Vendor

Agent

Business Relationship

  1. A transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;
  2. A transaction conducted at a price and subject to terms available to the public; or
  3. A purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Gov't Code 176.001(1-a)

Family Member

Family Relationship

Records Administrator

Gift

Investment Income

  1. A personal or business:
    1. Checking or savings account;
    2. Share draft or share account; or
    3. Other similar account;
  2. A personal or business investment; or
  3. A personal or business loan.

Disclosure Form

Electronic Filing

Updates

List of Local Government Officers

Internet Posting

Contract Declared Void

Violations

  1. Is required to file a conflict of interest questionnaire under Local Government Code 176.006; and
  2. Either:
    1. Knowingly fails to file the required questionnaire with the appropriate records administrator not later than 5:00 p.m. on the seventh business day after the date on which the vendor becomes aware of the facts that require the filing of the questionnaire; or
    2. Knowingly fails to file an updated questionnaire with the appropriate records administrator not later than 5:00 p.m. on the seventh business day after the date on which the vendor becomes aware of an event that would make a statement in a questionnaire previously filed by the vendor incomplete or inaccurate.

Note: The Conflict of Interest Questionnaire, Form CIQ, is available on the Texas Ethics Commission website.

Western Texas College

CFE(LEGAL)-LJC

UPDATE 31

DATE ISSUED: 3/14/2016