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Presentation, discussion, and possible action on an order proposing the repeal of 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, ?1.6 Historically Underutilized Businesses; an order proposing new 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, ?1.6 Historically Underutilized Businesses, and an order directing their publication for public comment in the Texas Register
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to Tex. Gov't Code ?2306.053, the Texas Department of Housing and Community Affairs (the Department) is authorized to adopt rules governing the administration of the Department and its programs;
WHEREAS, Tex. Gov't Code ?2001.039 requires state agencies to review a rule every four years to assess whether the reasons for initially adopting the rule continue to exist;
WHEREAS, on December 2, 2025, the Texas Comptroller of Public Accounts released emergency rulemaking relating to Historically Underutilized Businesses (HUBs) and will be following that emergency rulemaking with a permanent rule, both which change the HUB program to ensure it complies with the Texas Constitution and U.S. Constitution, and which reflect that the program will serve small businesses owned by service-disabled veterans (SDV), regardless of race, sex or ethnicity and will be referred to as Veteran Heroes United in Business, or VetHUB;
WHEREAS, staff has assessed 10 TAC ?1.6, Historically Underutilized Businesses, and confirms that the reasons for the initial adoption of this rule continue to exist, which is to comply with Tex. Gov't Code ?2161.003, which requires that the Department adopt the Texas Comptroller of Public Accounts HUB Program rules;
WHEREAS, staff has evaluated the rule in light of the Comptroller's emergency rule and recommends that the rule be revised to align with the emergency rule; and
WHEREAS, such proposed action will be published in the Texas Register for public comment from...
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