Effective January 1, 2006, Chapter 176 of the Local Government Code requires that those who contract with or seek to contract with the City, whether they are successful or not, for the sale or purchase of property, goods, or individual or business in their dealings with the City must file a “Conflict of Interest Questionnaire” with the City Secretary.
The Questionnaire requires disclosure of certain business and gift giving relationships, if any, the individuals or businesses may have with local government officers as that term is defined under the new law. This form is to be filed no later than the seventh (7th) business day after the date that the individual or business (or agent) begins agreement discussions or negotiations with the local governmental entity; or submits to the local governmental entity an application, responds to solicitations, correspondence, or another writing related to a potential agreement with the local governmental entity. See, Section 176.006, Local Government Code.
The vendor is required to update the form no later than the seventh (7th) business day after the date of an event that would make a statement in the previously filed questionnaire incomplete or inaccurate. Also, if the vendor files the initial questionnaire prior to June 1, the vendor must file an updated questionnaire not later than September 1 of each year the vendor has an agreement, or potential agreement pending. See, Section 176.006(d), Local Government Code. A person commits an offense if the person violates Section 176.006; an offense under this Section is a Class C misdemeanor.
The Questionnaire is available for viewing and downloading in PDF from the Texas Ethics Commission: Form CIQ: Conflict of Interest Questionnaire. See the law: 79(R) HB 914 - Enrolled version - Bill Text
Compliance is the responsibility of each individual, business and agent who is subject to the requirements of Chapter 176, Local Government Code. Should you have questions concerning this matter, please consult your own legal counsel. Read an article by the Texas Municipal League.
Should you determine that you are required to file a Conflict of Interest Questionnaire, please file it electronically by sending it by e-mail to the City Secretary, firstname.lastname@example.org. A statement filed electronically satisfies the signature requirement and does not need to be notarized.