1. (a) An SBE may lease equipment consistent with standard industry practice.
2. (b) The SBE must provide the operator of the leased equipment and must be responsible for all applicable payroll and labor compliance requirements.
3. (c) The SBE that leases trucks from a non-SBE is entitled to credit for the total value of transportation services provided by non-SBE lessees, not to exceed the value of transportation services provided by the SBE-owned trucks on the contract. Additional participation by non-SBE lessees receive credit only for the fee or commission the SBE receives as a result of the lease arrangement.

Source Note:The provisions of this §9.322 adopted to be effective September 1, 2012, 37 TexReg 5320.