1. (a) An SBE contractor or SBE subcontractor may subcontract work but shall perform at least 25 percent of the value of the contract work with:

   1. (1) employees paid directly by the SBE;
   2. (2) individuals whose services are obtained from a licensed employee leasing company; and
   3. (3) equipment owned or rented or leased directly by the SBE.
2. (b) A contractor may not furnish work crews to an SBE subcontractor.

Source Note:The provisions of this §9.321 adopted to be effective September 1, 2012, 37 TexReg 5320.