HomeMy WebLinkAbout(0072) 1295Changes.pdfChanges to Form 1295
Changes to the law requiring certain businesses to file a Form 1295 are in effect for
contracts entered into or amended on or after January 1, 2018. The changes exempt
businesses from filing a Form 1295 for certain types of contracts and replace the
need for a completed Form 1295 to be notarized. Instead, the person filing a 1295
needs to complete an "unsworn declaration."
What type of contracts are exempt from the Form 1295 filing requirement
under the amended law?
The amended law adds to the list of types of contract exempt from the Form 1295
filing requirement. A completed Form 1295 is not required for:
• a sponsored research contract of an institution of higher education;
• an interagency contract of a state agency or an institution of higher education;
• a contract related to health and human services if:
o the value of the contract cannot be determined at the time the contract
is executed; and
o any qualified vendor is eligible for the contract;
• a contract with a publicly traded business entity, including a wholly owned
subsidiary of the business entity; *
• a contract with an electric utility, as that term is defined by Section 31.002,
Utilities Code;* or
• a contract with a gas utility, as that term is defined by Section 121.001,
Utilities Code.*
The newly exempt contract types are marked with an asterisk.
Why do I need to include my date of birth and address when I sign Form 1295?
Was this always the case?
In 2017, the legislature amended the law to require Form 1295 to include an
"unsworn declaration" which includes, among other things, the date of birth and
address of the authorized representative signing the form. The change in the law
applies to contracts entered into, renewed, or amended on or after January 1, 2018.
The unsworn declaration, including the date of birth and address of the signatory,
replaces the notary requirement that applied to contracts entered into before January
1, 2018.
Will my date of birth and address appear on the TEC's website when I file the
form?
No. The TEC filing application does not capture the date of birth or street address of
the signatory and it will not appear on forms that are filed using the TEC filing
application.
Although the TEC does not capture the date of birth and street address of the
signatory, the contracting state agency or governmental agency will have a physical
copy of the form that includes the date of birth and address of the signatory. The
TEC cannot answer whether the contracting state agency or governmental agency
may release such information. Questions regarding the Texas Public Information Act
may be directed to the Office of the Attorney General. See also Paxton v. City of
Dall., No. 03-13-00546-CV, 2015 Tex. App. LEXIS 5228, at *10-11 (App.—Austin
May 22, 2015)_(mem. op.) (pet. denied) (available here).