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Key Takeaways

  • Texas Comptroller Kelly Hancock unilaterally changed the HUB program, removing women and minority-owned businesses, citing a ban on DEI policies.
  • Plaintiffs argue the Comptroller overstepped his statutory authority by altering a program created by the Legislature, violating the separation of powers.
  • The lawsuit claims businesses were denied state contracts and opportunities without due process, challenging a fundamental constitutional right.
  • The original HUB program, established by bipartisan legislation in the 1990s, set contracting goals for state agencies, not quotas, to aid historically disadvantaged groups.
  • The lawsuit seeks a temporary injunction to block the changes and reinstate the program to its original form, upholding legislative intent.
Alright, let's talk about something pretty significant happening in Texas that could mess with how businesses get state contracts. Imagine you own a small business, maybe you're a woman or part of a minority group, and you've been working hard to get government contracts. Texas has had this program, called the Historically Underutilized Business (HUB) program, for decades to help give businesses like yours a bit of a boost—not a handout, but just better visibility. It helps ensure a fair shot. Well, late last year, the acting State Comptroller, Kelly Hancock, stepped in and essentially rewrote the rules for this program. He argued he was just getting rid of a 'Diversity, Equity, and Inclusion' (DEI) initiative, following a U.S. Supreme Court ruling and Governor Abbott’s executive order against DEI. But his changes didn't just tweak it; they pretty much gutted it. Suddenly, over 14,000 businesses, including many women- and minority-owned firms, lost their HUB certification. The only ones left eligible were service-disabled veteran business owners. That's a huge shift, going from over 15,000 participants down to fewer than 500. Now, you can probably guess what happened next. Several business owners, including folks from Houston and Sugar Land, along with a trade association representing minority and women contractors, said 'hold on a minute!' They filed a lawsuit against the state, looking to get those changes reversed. They aren't just saying 'we want our contracts back,' though that's certainly part of it. They're making a strong legal argument about how Texas government is supposed to work. Their main point? The Legislature, meaning your elected state senators and representatives, is who makes laws in Texas. Not the comptroller. This HUB program? It was put into state law way back in the 90s, with bipartisan support. In fact, just last year, Republicans tried to get rid of the program through the Legislature, and those bills didn't even make it out of committee. They failed. So, the plaintiffs are saying that Comptroller Hancock, by using 'emergency rules' to change a program created by statute, completely overstepped his legal authority. He basically tried to do what the Legislature refused to do. This brings up some big legal questions. For one, it's about the separation of powers. In our system, different branches of government have different jobs. The legislative branch makes the laws. The executive branch, where the comptroller sits, enforces them. When someone in the executive branch tries to *rewrite* a law without legislative approval, it raises a red flag. It challenges a fundamental American principle, as one of the plaintiff's lawyers put it: executive officials can't just undo laws passed by elected lawmakers. Another key legal angle here is 'due process.' The plaintiffs argue that by suddenly stripping their HUB certification, the state denied them access to potential state contracts without proper legal procedure. Think about it: these businesses had planned their strategies around this certification, made bids, and in some cases, lost contracts they were expecting. Ruben Mercado Jr., who runs Ipsum General Contractors in Houston, said a $1 million bid he was working on was pulled right after the changes. Wendell Stamley, from the National Association of Minority Contractors, reported that members saw contracts canceled or put back out for bids. That's a real hit to their bottom line, and they're arguing they lost those opportunities without the state following proper legal steps. The lawsuit also claims Hancock violated the Texas Constitution. These are serious accusations, and the businesses are pushing for a temporary injunction to block the comptroller’s new rules right away, hoping to get reinstated to the HUB program while the court figures things out. Ultimately, they want the program restored to its original form, the one the Legislature actually created. Comptroller Hancock, on his end, stands by his decision. He argues that his actions are about fairness and equal treatment for all businesses, saying that 'every Texas business is equally eligible to compete for state contracts, regardless of race or gender.' He believes his changes align with the U.S. Supreme Court's affirmative action ruling from 2023 and Governor Abbott’s 2025 executive order that banned DEI policies within state agencies. His office states that any qualified business can still register through the Centralized Master Bidders List to find opportunities. It's clear he sees this as a move towards a 'level playing field' where performance, not race or sex, dictates who gets contracts. But here's the thing: the original HUB program wasn't about quotas. It set goals that state agencies aimed for, giving historically underutilized businesses *exposure*, not guaranteed contracts. So, the plaintiffs see Hancock's redefinition of the program as a misinterpretation of its original intent and a misuse of his power. State Senator Royce West, who helped write the original HUB bill in 1999, pretty much echoed this, saying the comptroller doesn't get to override legislative decisions just because he disagrees. This whole situation puts a spotlight on a fundamental debate in Texas public policy and law. How much power does an executive official have to interpret and alter programs that were established by the Legislature? What does 'equal opportunity' really mean in practice, and how do we ensure historically disadvantaged groups actually get a fair shot? This lawsuit isn't just about a few contracts; it’s about the checks and balances of our government and the rights of Texas businesses. We're watching to see how the courts in Travis County will weigh in on these important questions.