(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.

Source Note: The provisions of this §9.240 adopted to be effective September 1, 2012, 37 TexReg 5320