(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.

Source Note: The provisions of this §9.233 adopted to be effective September 1, 2012, 37 TexReg 5320