Harris County commissioners took no action Thursday on the county's minority- and women-owned business enterprise contracting program, leaving it intact even as a nearly identical policy in Houston was just declared unconstitutional by a federal judge. The item went to a lengthy closed executive session before commissioners emerged without modifying or terminating the program, according to Community Impact.
The county's program, established in November 2020, aims to award at least 30% of county contracts annually to women- and minority-owned businesses, per Community Impact. It is run by the Harris County Department of Economic Equity and Opportunity, an office Harris County Precinct 1 says Commissioner Rodney Ellis proposed in 2019 to oversee MWBE compliance alongside broader worker-equity policies, including a $15-per-hour county sustainable wage floor.
A Ruling Next Door Raises the Stakes
The timing was hard to ignore. Just over a week earlier, U.S. District Judge David Hittner ruled that the City of Houston's minority- and women-owned business program violated the Equal Protection Clause of the 14th Amendment, according to the same Community Impact report. The decision marked the first time a federal court applied the U.S. Supreme Court's 2023 college admissions ruling ending affirmative action to municipal public contracting, as reported by the Maryland Daily Record.
Houston's now-blocked program was significant in scale: the city awarded $579 million of its $2.5 billion in total fiscal year 2025 contract spending to certified minority-, women-, and small-business enterprises, according to a breakdown from Texas Scorecard. Of that total, Hispanic-owned businesses received 34%, Asian-owned businesses received 22%, white women-owned businesses received 17%, and Black-owned businesses received 14%, the same outlet reported. A 2025 disparity study commissioned by Houston reportedly found that Hispanic- and Asian-owned firms were no longer underutilized in certain contract categories, a finding that weakened the city's legal defense.
The Spring Couple Who Started It
The lawsuit that toppled Houston's program traces back to Spring. Jerry and Theresa Thompson, owners of Landscape Consultants of Texas, filed the federal suit in September 2023 alleging they were required to subcontract $143,000 of a $1.3 million city project to a minority-owned business despite being able to perform the work themselves, according to Texas Scorecard's reporting. The Thompsons argued that because they are white, their firm was disqualified from MWBE certification and forced to forfeit work to minority-owned competitors, per the same account.
That legal theory is not staying confined to Houston. Pacific Legal Foundation, the conservative public interest law firm that represented the Thompsons, is also suing Harris County in federal court seeking to halt its MWBE program, according to Texas Scorecard. The suit was filed on behalf of local contractors who claim reverse racial discrimination under the county's policy.
Public Comment Stretches On, But Program Holds
Public comment on the item ran a full hour before commissioners retreated to closed session, per Community Impact's report. Business owners and community leaders told the court the program helped small businesses access larger contract opportunities. Steve Fraga said the program provides opportunity but that businesses must remain financially sound to take advantage of it.
Asheli Atkins told commissioners that MWBE businesses account for over 28% of city contracts while Black business owners capture just 5.5%, according to the same account. That gap echoes the county's own numbers: women- and minority-owned businesses make up roughly 28% of the local business market but have received only 9% of county contracts, per Community Impact. County officials have been careful to note the program does not guarantee any business owner a contract — bidders remain subject to the standard bidding process and must prove they can perform the work.
The Legal Foundation Behind the Policy
Harris County's program rests on a 2020 disparity study by Colette Holt & Associates, which found that white male-owned businesses received over 90% of county contracting dollars over a three-year evaluation period, according to the Houston Chronicle. That study gave the county the statistical basis it needed to set its 30% aspirational participation goal, since federal precedent requires governments to document specific disparities before adopting race-conscious preferences.
County leaders have shown some awareness that the data needs refreshing. Harris County Commissioners Court considered a measure in June 2026 to extend the current policy through June 30, 2027, giving consultants time to complete an updated county disparity study, according to county Commissioners Court records. The county has also set up a dedicated Disparity Study Fund to help neighboring public institutions, including Houston Community College, Lone Star College, and Aldine ISD, conduct their own utilization studies, according to the Harris County Department of Economic Equity and Opportunity.
Hoodline previously reported on Houston's contracting ruling when Judge Hittner struck down the city's 42-year-old program. For now, Harris County's own policy remains in place, unmodified and untested by that same court logic, even as the Pacific Legal Foundation lawsuit continues to press the identical constitutional argument against the county.
