GL(LEGAL) - RELATIONS WITH BUSINESSES AND THE COMMUNITY

Restriction on Contracting with a Business Entity

Definitions

"Business Entity"

"Controlling Interest"

  1. An ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds ten percent;
  2. Membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than ten members; or
  3. Service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. This paragraph does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

"Interested Party"

"Intermediary"

  1. Receives compensation from the business entity for the person's participation;
  2. Communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and
  3. Is not an employee of the business entity or of an entity with a controlling interest in the business entity.

Qualifying Contract

  1. A sponsored research contract of an institution of higher education;
  2. An interagency contract of a state agency or an institution of higher education;
  3. A contract related to health and human services if:
    1. The value of the contract cannot be determined at the time the contract is executed; and
    2. Any qualified vendor is eligible for the contract;
  4. A contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity;
  5. A contract with an electric utility, as that term is defined by Utilities Code 31.002; or
  6. A contract with a gas utility, as that term is defined by Utilities Code 121.001.
  1. The governing body has legal authority to delegate to its staff the authority to execute the contract;
  2. The governing body has delegated to its staff the authority to execute the contract; and
  3. The governing body does not participate in the selection of the business entity with which the contract is entered into.

Contract Changes

Exceptions
  1. The changed contract requires an action or vote by the governing body of the entity or agency; or
  2. The value of the changed contract is at least $1 million.
  1. There is a change to the disclosure of interested parties;
  2. The changed contract requires an action or vote by the governing body of the entity or agency; or
  3. The value of the changed contract is at least $1 million greater than the value of the existing contract.

Prohibition

Disclosure

  1. The name of the business entity filing the form and the city, state, and country of the business entity's place of business;
  2. The name of the governmental entity or state agency that is a party to the contract for which the form is being filed;
  3. The name of each interested party and the city, state, and country of the place of business of each interested party;
  4. The identification number used by the governmental entity or state agency to track or identify the contract for which the form is being filed and a short description of the services, goods, or other property used by the governmental entity or state agency provided under the contract; and
  5. An indication of whether each interested party has a controlling interest in the business entity, is an intermediary in the contract for which the disclosure is being filed, or both.

Contractual Agreements for Instruction

Generally

Nonaccredited Organizations

  1. Recruitment and counseling of students;
  2. Admission of students to courses and/or to the sponsoring institution where certificate and associate degree programs are pursued;
  3. Development and evaluation of the curriculum;
  4. Evaluation of student progress;
  5. Recordkeeping;
  6. Tuition and/or fee charges, receipts and disbursement of funds, and refund policy;
  7. Appointment, supervision, and evaluation of faculty; and
  8. Instruction and learning resources.

State Funding

Skills Development Fund

  1. Developing customized training programs for businesses and trade unions; and
  2. Sponsoring small and medium-sized business networks and consortiums.

Workforce Training and Services

  1. By a local workforce development board if the need for the training and services is based on the labor market information system available for the area;
  2. By employers located in the college's taxing district when the request is presented directly to the college by the employers or through the local workforce development board; or
  3. As part of economic development incentives designed to attract or retain an employer, including incentives offered under the skills development fund program under Labor Code Chapter 303.

Child Welfare Providers

  1. Has declined or will decline to provide, facilitate, or refer a person for child welfare services, as defined by Human Resources Code 45.002(3) that conflict with, or under circumstances that conflict with, the provider's sincerely held religious beliefs;
  2. Provides or intends to provide children under the control, care, guardianship, or direction of the provider with a religious education, including through placing the children in a private or parochial school or otherwise providing a religious education in accordance with the laws of this state;
  3. Has declined or will decline to provide, facilitate, or refer a person for abortions, contraceptives, or drugs, devices, or services that are potentially abortion-inducing; or
  4. Refuses to enter into a contract that is inconsistent with or would in any way interfere with or force a provider to surrender the rights created by Human Resources Code Chapter 45.

Tyler Junior College

GL(LEGAL)-LJC

UPDATE 33

DATE ISSUED: 12/12/2017