Frequently Asked Questions


Who is considered a "local government officer" according to this law?

A "local government officer" is a member of the City Council, the City Manager, and the board members and the chief executive of a local government corporation.

Who is considered a City vendor according to this law?

A vendor is a person who contracts, or seeks to contract, for the sale or purchase of property, goods or services with the City. An agent for such a person in the person's business with the City is also considered a vendor.

The word "person" in this context includes a corporation, organization, business trust, estate, trust, partnership, association and any other legal entity, but does not include another governmental entity.

The law applies to a local government officer’s relationships with:

  •     City contractors, regardless of whether the contracts come before the council
  •     Individuals and businesses who seek to contract with the City, including bidders on City solicitations (regardless of whether a bidder is awarded the contract)
  •     A person who acts as an agent for an individual or business that contracts with, or seeks to contract with, the City.

When must a local government officer file a conflicts disclosure statement?

There are two triggers:

  •     an employment relationship between the officer or a family member of the officer and a vendor
  •     the receipt of gifts by the officer or a family member of the officer from a vendor

A local government officer must file a Conflicts Disclosure Statement with respect to a vendor if the vendor has an employment or other business relationship with the officer or with a member of the officer’s family (see below for more information on family members) that results in the officer or a family member receiving taxable income.

A local government officer must also file a Conflicts Disclosure Statement with respect to a vendor if the vendor has given the officer or a member of the officer’s family one or more gifts (other than gifts of food, lodging, transportation or entertainment accepted as a guest) that have an aggregate value of more than $250, in the preceding 12-month period. (To satisfy the "guest" requirement for a gift of food, lodging, transportation or entertainment, the host must be present.) Please note that none of this means that it is permissible under the law to receive the gift. Under the City’s gift ordinance, gifts from vendors are prohibited.

How is the 12-month period calculated with respect to the gifts threshold?

The 12-month period is calculated from the date the local government officer becomes aware that either:

  •     a contract has been executed, or
  •     the City is considering doing business with the vendor

What does the law mean by a “family member” of a local government officer?

Family members include:

  •     the officer’s spouse
  •     the officer’s parents and children
  •     the parents and children of the officer’s spouse
  •     the spouses of the officer’s parents and children

Who must file a Conflict of Interest Questionnaire?

Chapter 176 requires that certain individuals and businesses doing business or seeking to do business with the City of Austin to file a Conflicts of Interest Questionnaire form describing certain business and gift-giving relationships the filers may have with Council Members or the City Manager.
Where are Conflicts Disclosure Statements and Questionnaires filed and what is the deadline for filing?

A local government officer must file a Conflicts Disclosure Statement with the City Clerk not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of the statement.

A person who wishes to conduct business with the City must file a Questionnaire with the City Clerk:

  • no later than seven days after the date the person begins contract discussions or negotiations with the City
  • submits an application or response to a request for proposals, bids, correspondence, or another writing related to a potential agreement with a City

A form may be filed with the City Clerk by using a printed form that must be signed and notarized, or filing electronically via this website. A statement filed electronically satisfies the signature requirement and does not need to be notarized.

Where can I get a form?

The forms are prescribed by the Texas Ethics Commission and are available on its website.

What is the penalty for failing to file?

A knowing violation of Chapter 176 is a Class C misdemeanor ($500 fine).

Will filings be made public?

Reports are required to be posted on the City’s Internet website.

Where should vendors go for assistance?

Questions about compliance should be directed to your own legal counsel. Compliance is the responsibility of each individual, business and agent who is subject to the law's filing requirement.