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Texas Businesses Challenge State Comptroller Over HUB Program Changes
Key Takeaways
- •Four business owners and a trade association sued Texas, arguing acting Comptroller Kelly Hancock overstepped his statutory authority by unilaterally altering the HUB program.
- •The lawsuit claims Hancock's actions denied businesses due process and violated the Texas Constitution by removing their certification without proper legal procedure.
- •Plaintiffs are seeking a temporary injunction to halt the emergency rules and immediate reinstatement to the HUB program, ultimately aiming to restore the program to its original form.
- •Legislative attempts to eliminate or alter the HUB program failed in the past year, suggesting Hancock's changes contradict legislative intent and the will of elected representatives.
What happens when a state official makes a sudden move that radically changes a program impacting hundreds of businesses? Well, in Texas, several business owners and a trade association are taking the state to court. They're suing over recent changes to a program meant to help smaller, often diverse, businesses get state government contracts. This whole situation boils down to a fundamental legal fight over who gets to make the rules – and if due process was properly followed.
For a long time, Texas has had a program called Historically Underutilized Business, or HUB. It was put in place decades ago through bipartisan legislation. The idea? Give women- and minority-owned businesses a fair shot at snagging contracts from the state. It's about leveling the playing field, making sure state agencies consider a wider range of companies when they need work done. The program doesn’t set strict quotas, but it does set goals that state agencies usually aim to meet.
But then, in December, acting Comptroller Kelly Hancock stepped in and used what he called “emergency powers” to shake things up. He suddenly changed the rules for the HUB program. His office basically stripped all women- and minority-owned businesses from the list, saying he was ending a “Diversity, Equity, and Inclusion” initiative. Now, only service-disabled veterans can be part of it. This wasn't a minor tweak; it slashed the program from more than 15,000 certified businesses down to just under 500. That’s a massive, sudden shift with real consequences.
Naturally, the businesses hit by this change are pushing back hard. Four business owners, including Houston-based Ipsum General Contractors, LLC and Houston Construction Services, along with the greater Houston chapter of the National Association of Minority Contractors, have filed a lawsuit in a Travis County district court. They're arguing that Hancock totally overstepped his bounds. Their main legal point? The Legislature passes laws, not the Comptroller. They claim he rewrote a state law without any legal authority to do so. This isn't just about losing contracts; it's about whether an executive official can unilaterally change a program created by elected lawmakers.
The plaintiffs are fighting on a few key fronts. First, they want a temporary injunction to immediately stop Hancock's emergency rules and get reinstated into the HUB program while the lawsuit plays out. Ultimately, they're seeking a court order to restore the program to its original form. They argue Hancock acted beyond his “statutory authority” – meaning he went outside the powers specifically given to him by law. They also claim he denied them “due process,” which is a crucial constitutional right, implying they lost their benefits without a proper legal hearing or fair procedure. And, yes, they’re arguing he violated the Texas Constitution itself.
The real-world impact is already clear for these businesses. Ruben Mercado Jr., founder of Ipsum General Contractors, said a $1 million bid he was working on was pulled after Hancock restructured the program. Wendell Stamley, president of the National Association of Minority Contractors, reported that his members in Texas have seen government contracts canceled and work they expected unexpectedly returned to competitive bidding. For small businesses, losing state contracts can be a huge hit, potentially threatening their ability to keep their doors open.
Here’s where it gets even more legally interesting: Republicans in the Legislature actually tried to kill the HUB program entirely last year. But those legislative efforts failed. They didn’t get enough support to pass either chamber. State Senator Royce West, a Dallas Democrat who co-authored the 1999 bill that codified the program, points out this history. He’s essentially saying, “Look, the Legislature voted on this and decided not to change it. The Comptroller doesn't get to override that decision just because he disagrees.” It's a direct challenge to the balance of power between different branches of government – the executive trying to undo a decision by the legislative.
This lawsuit isn't just about a few individual businesses. It raises big public policy questions about how state government operates. Can an unelected official simply undo a program created by elected representatives? What does this mean for other state programs that serve specific groups? And how does it affect the state's efforts to ensure fair economic opportunity for all its citizens? It's a public policy discussion with significant legal teeth.
This is the first lawsuit challenging Hancock's move, but it likely won't be the last. The fight will play out in a Travis County district court, and the outcome could set an important precedent for how executive power is exercised in Texas. For now, many businesses are left wondering about their future and hoping the courts will uphold what they see as established law and a fair process.
Original source: Texas State Government: Governor, Legislature & Policy Coverage.
