Good news for women and minority-owned businesses in Texas! A judge has issued a temporary ruling that reinstates eligibility for the state’s Historically Underutilized Business (HUB) Program. This means business owners who were recently removed from the program may now qualify again, at least for the time being.
A Legal Challenge to Emergency Rules
This ruling comes after a group of business owners and a trade association filed a lawsuit against the state of Texas and acting Comptroller Kelly Hancock. The lawsuit challenged emergency rules implemented by Hancock’s office that effectively removed women and minorities from the HUB program and stripped them of their certifications.
The plaintiffs argued that these actions were unlawful, especially since state lawmakers had passed bipartisan legislation in the 1990s to specifically support minority- and women-owned businesses in securing state contracts. The HUB program sets goals for state agencies, aiming to increase participation from these businesses.
Restoring Eligibility and Legal Authority
Travis County District Judge Amy Meachum ordered the reinstatement of six businesses that had sued the Comptroller’s office. Alphonso David, president & CEO of the Global Black Economic Forum and lead counsel for the plaintiffs, stated, “In this country, the legislature passes the laws, not the comptroller, and Texas is no different. Acting Comptroller Hancock took a program created by statute and rewrote it without any legal authority. His actions are baseless and unlawful and must be reversed.”
The HUB program is significant for Texas businesses. In 2024 alone, HUB-certified businesses received over 3,600 contracts totaling more than $4 billion. While a legislative effort to eliminate the program entirely failed, Hancock’s office had previously announced a halt on new certifications and renewals while the program was under review, citing emergency powers to restructure it and initially limiting eligibility to service-disabled veteran business owners.
Looking Ahead to the Trial
Judge Meachum has set a trial date for November 9, indicating that this legal battle is far from over. The temporary reinstatement provides much-needed relief for the affected businesses while the court prepares to hear the case more fully.
This ruling highlights the ongoing tension surrounding diversity, equity, and inclusion (DEI) initiatives and their implementation at the state level, especially in light of broader national trends.
What are your thoughts on the Texas HUB program and the recent legal challenge? Do you believe DEI initiatives are crucial for state contracting? Share your views in the comments below!