1. (a) The purpose of this subchapter is to establish the authority and responsibility to promote full and equal business opportunities for all businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. It is the policy of the State of Texas and the Commission on State Emergency Communications (CSEC) to encourage the use of historically underutilized businesses (HUBs) and to implement this policy through race, ethnic, and gender-neutral means.
2. (b) This subchapter applies to all contracts and purchase orders established under authority delegated to the CSEC by the Texas Building and Procurement Commission (TBPC), Title 10, Government Code, section 2151. It also applies to all bids, proposals, offers, or other applicable expressions of interest over $100,000 as defined in Texas Administrative Code, Title 1, Part 5, Chapter 111. Subchapter B, §111.14 and Texas Administrative Code Chapter 2161 Subchapter F relating to HUB subcontracting responsibilities.

3. (c) In this subchapter, the following definitions apply.

   1. (1) Economically Disadvantage Person--A person who is economically disadvantaged because of the person's identification as a member of a certain group, as defined in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B, §111.12, and who has suffered the effects of discriminatory practices or other similar insidious circumstances over which the person has no control.
   2. (2) Good Faith Effort (GFE)--Evidence of certain criteria used by prime contractors to promote inclusion of HUBs in contracts over $100,000 or more as defined in TAC §111.13 and §111.14. When applied to agency GFE, the state auditor shall consider whether the agency; has adopted rules under §2161.003, Government Code; has used the Texas Building and Procurement Commission (TBPC) directory and other resources to identify HUBs that are able to contract with the agency; made good faith, timely efforts to contact identified HUBs regarding contracting opportunities; and conducted its procurement program in accordance with the good faith methodology set out in TBPC rules.
   3. (3) Historically Underutilized Business (HUB)--A business entity that is a corporation, sole proprietorship, partnership, joint venture, etc. owned or operated by an economically disadvantaged person or persons as defined in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B, Rule 111.12 with its principal place of business in Texas.
   4. (4) HUB Subcontracting Plan (HSP)--A plan required to be submitted with bids, proposals, offers, or other applicable expressions of interest that determine or describe HUB subcontracting opportunities probable under the contract as defined in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B, §111.13 and §111.14.
4. (d) In accordance with Government Code §2161.003, CSEC adopts the rules of the Texas Building and Procurement Commission at Title 1, Part 5, Chapter 111, Subchapter B, §§111.11 through 111.28, Texas Administrative Code (relating to the HUB Program), which rules were promulgated by the General Services Commission pursuant to Government Code, §2161.002.

Source Note:The provisions of this §252.2 adopted to be effective February 10, 2003, 28 TexReg 1172.