(a) To be certified as an SBE, a firm must submit to
the department, except as provided by subsection (b) of this section,
a written application on a form prescribed by the department that
affirms under penalty of perjury that the firm qualifies as an SBE.
(b) A firm certified as a DBE by any certifying partner
of the TUCP will be automatically certified as an SBE by the department.
The department will certify as an SBE any firm that is currently certified
as a DBE in the TUCP directory maintained by the department and has
not already been certified as an SBE. A HUB certified by the Texas
Comptroller of Public Accounts will be certified as an SBE on request.
(c) If requested by the department, an applicant must
provide the requested materials and information necessary to demonstrate
the qualifications as an SBE.
(d) A firm seeking certification has the burden of
demonstrating by a preponderance of the evidence that it meets the
certification standards.
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