(a) The department is a member of the Texas Unified
Certification Program (TUCP), established by a memorandum of agreement
approved by DOT and affective February 7, 2012.
(b) The TUCP is responsible for all of the certification
of DBEs in the state.
(c) An application for DBE certification must be made
as provided by the TUCP.
(d) Under federal law, an inconsistency or ambiguity
in the TUCP agreement will be resolved by giving precedence, in order
of priority, to:
(1) 49 C.F.R. Part 23, Subpart C;
(2) 49 C.F.R. Part 26, Subpart E;
(3) applicable DOT Directives;
(4) the DOT approved DBE Program;
(5) any applicable state law; and
(6) TUCP Standard Operating Procedures.
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