Relating to the consideration of ownership interests of certain persons in determining whether a business is a historically underutilized business for purposes of state contracting.
With the amendment of existing sections of the Government Code, SB366 proposes that the Texas Comptroller adopt rules to set goals for increasing contract awards to businesses that qualify as HUBs due to ownership by persons with disabilities or those identifying as LGBTQ+. This could potentially enhance opportunities for these groups within the competitive landscape of state contracting, thereby improving economic equity and representation.
SB366 aims to refine the criteria for identifying historically underutilized businesses (HUBs) in Texas for state contracting purposes. The bill expands the definition of 'economically disadvantaged person' to include individuals who identify as having a disability, as well as those who identify with various sexual orientations and gender identities. This change is intended to better reflect the diversity of businesses seeking state contracts and promote inclusivity in state procurement processes.
While the intent of SB366 is to foster inclusivity and economic opportunity, the bill may face scrutiny regarding its implementation. There are concerns about the verification process for disability claims, which requires affidavits from licensed physicians. Additionally, some may question the adequacy of existing HUB frameworks and whether the expansion of criteria could complicate or dilute the effectiveness of current programs aimed at supporting minority-owned businesses.