Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 9 - CONTRACT AND GRANT MANAGEMENT
Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
Section 9.233 - Commercially Useful Function by DBE Trucking Firm

Universal Citation: 43 TX Admin Code § 9.233

Current through Reg. 50, No. 13; March 28, 2025

(a) A DBE trucking firm is considered to perform a CUF if the DBE:

(1) is responsible for the management and supervision of the entire trucking operation for its part of the contract and is not part of a contrived arrangement for the purpose of meeting DBE goals; and

(2) owns and operates at least one fully licensed, insured, and operational truck used on the contract.

(b) A DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.

(c) A DBE that leases trucks from another DBE, including an owner-operator who is certified as a DBE, receives credit for the total value of the transportation services provided on the contract using the leased trucks.

(d) The DBE that leases trucks from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE lessees, not to exceed the value of transportation services provided by the DBE-owned trucks on the contract. Additional participation by non-DBE lessees receive credit only for the fee or commission the DBE receives as a result of the lease arrangement.

(e) If a DBE trucking firm enters into a lease for one or more trucks, the lease must provide that the DBE has control of the truck. A leased truck may be used, with the consent of the DBE, for work for a person other than the DBE during the term of the lease. A leased truck must display the name and identification number of the DBE.

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