That's part of the "Can of Worms" I was referring to. When they get past that initial 10% group, the process of picking Students becomes murky. Plus the fact that the drop-out/failue rate among Blacks is higher in many cases, so that in itself creates more open slots, but members of this group would only be evident after the initial selection has been made, and would not necessarily affect the current year's selection process, but after a while that will have to be factored in, in some way.
But keep one thing in mind, i'm just fanning a lot of hot air, I don't know anything about the 10% Plan, nor do I live in Texas, so my comments are mostly worthless anyway.
All I do from time to time is comment, in general, about programs that "White" Folks design to improve the education of Black Children, and this is just another example.
So when the results are tabulated, in a few years, the only place Blacks will be able to have an option/guarantee of enrollment are the HBCU like Southern, Prairy(sp) View, etc., where they could have enrolled without any trouble from the start. Blacks just keep getting played.