|(a) A business seeking certification as a HUB must
submit an application to the comptroller in a form prescribed by the
comptroller, affirming under penalty of perjury that the business
qualifies as a HUB.
(b) If requested by the comptroller, the applicant
must provide any and all materials and information necessary to demonstrate
an economically disadvantaged person's active participation in the
control, operation, and management of the HUB.
(c) It shall be the burden of the person claiming Texas
residency to prove their status through submission of adequate and
appropriate documentation. Such documentation may include, but is
not limited to, a current valid Texas driver's license or I.D. card,
voter registration card showing Texas address, appraisal statement
for Texas real property (including whether a homestead exemption was
claimed for that real property), or recent paid utility statements.
The comptroller shall certify the applicant as a HUB or provide the
applicant with written justification of its denial of certification
within 90 days after the date the comptroller receives a satisfactorily
completed application from the applicant.
(d) The comptroller reviews and evaluates applications,
and may reject an application based on one or more of the following:
(1) the application is not satisfactorily completed;
(2) the applicant does not meet the requirements of
the definition of HUB;
(3) the application contains false information;
(4) the applicant does not provide required information
in connection with the certification review conducted by the comptroller;
(5) the applicant's record of performance on any prior
contracts with the state.
(e) The comptroller may approve the existing certification
program of one or more local governments or nonprofit organizations
in this state that certify historically underutilized businesses,
minority business enterprises, women's business enterprises, or disadvantaged
business enterprises that substantially fall under the same definition,
to the extent applicable for HUBs found in Government Code, §2161.001,
and maintain them on the comptroller's Historically Underutilized
Businesses List, if the local government or nonprofit organization:
(1) meets or exceeds the standards established by the
comptroller as set out in this subchapter; and
(2) agrees to the terms and conditions as required
by statute relative to the agreement between the local government
and/or nonprofits for the purpose of certification of HUBs.
(f) The agreement in subsection (e) of this section
must take effect immediately and contain conditions as follows:
(1) allow for automatic certification of businesses
certified by the local government or nonprofit organization as prescribed
by the comptroller;
(2) provide for the efficient updating of the comptroller
database containing information about HUBs and potential HUBs as prescribed
by the comptroller;
(3) provide for a method by which the comptroller may
efficiently communicate with businesses certified by the local government
or nonprofit organization;
(4) provide those businesses with information about
the state's Historically Underutilized Business Program; and
(5) require that a local government or nonprofit organization
that enters into an agreement under subsection (e) of this section,
complete the certification of an applicant with written justification
of its certification denial within the period established by the comptroller
in its rules for certification.
(g) The comptroller will not accept the certification
of a local government or nonprofit organization that charges for the
certification of businesses to be listed on the Historically Underutilized
Business List maintained by the comptroller.
(h) The comptroller may terminate an agreement made
under this section if a local government or nonprofit organization
fails to meet the standards established by the comptroller for certifying
HUBs. In the event of the termination of an agreement, those HUB's
that were certified as a result of the agreement will maintain their
HUB status during the fiscal year in which the agreement was in effect.
Those HUB's who are removed from the HUB list as a result of the termination
of an agreement with a local government or nonprofit organization
may apply directly to the comptroller for certification as a HUB.
(i) The comptroller will send all certified HUBs an
orientation packet including a certificate, description of certification
value/significance, list of state agency purchasers, and information
regarding electronic commerce, the Texas Marketplace, and the state
(j) The certification is valid for a four-year period
beginning on the date TPASS certified the applicant as a HUB.