1 Tex. Admin. Code § 46.3 - Definitions
(a) "Contract" means a contract between a
governmental entity or state agency and a business entity at the time it is
voted on by the governing body or at the time it binds the governmental entity
or state agency, whichever is earlier, and includes an amended, extended, or
renewed contract.
(b) "Business
entity" includes an entity through which business is conducted with a
governmental entity or state agency, regardless of whether the entity is a
for-profit or nonprofit entity. The term does not include a governmental entity
or state agency.
(c) "Controlling
interest" means:
(1) an ownership interest or
participating interest in a business entity by virtue of units, percentage,
shares, stock, or otherwise that exceeds 10 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 10 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.
(d) "Interested party" means:
(1) a person who has a controlling interest
in a business entity with whom a governmental entity or state agency contracts;
or
(2) an intermediary.
(e) "Intermediary," for purposes
of this rule, means, a person who actively participates in the facilitation of
the contract or negotiating the contract, including a broker, adviser,
attorney, or representative of or agent for the business entity who:
(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.
(f)
"Signed" includes any symbol executed or adopted by a person with present
intention to authenticate a writing, including an electronic
signature.
(g) "Value" of a
contract is based on the amount of consideration received or to be received by
the business entity from the governmental entity or state agency under the
contract.
Notes
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