(a) The department from time to time may evaluate whether there is an overconcentration of DBE firms in a certain type of work.
(b) If the department determines that there is an overconcentration of DBE firms that unduly burdens the opportunity of non-DBE firms to participate in that type of work, the department will implement appropriate measures, as approved by the appropriate OA, to address the condition.

Source Note: The provisions of this §9.210 adopted to be effective September 1, 2012, 37 TexReg 5320