TxDOT receives federal financial assistance from USDOT through programs of the FHWA, FAA, and FTA. As such, TxDOT becomes a recipient of federal funds and is responsible for administering its DBE Program and is legally accountable for expenditures of USDOT financial assistance in accordance with federal requirements.

As a condition of receiving this assistance, TxDOT has signed an assurance that it will comply with 49 CFR, Part 26 in the establishment and administration of a DBE Program.

Prime contractors, subcontractors, suppliers, manufacturers, and consultants all become sub recipients of USDOT federal funds when they enter into federally assisted contracts, subcontracts, and agreements with TxDOT.

As sub recipients of federal funds, TxDOT requires sub recipients comply with the requirements of 49 CFR, Part 26, TxDOT DBE Program, and DBE contract provisions.

As sub recipients of federal funds, and as a condition of contract award, prime contractors, subcontractors, suppliers, manufacturers, and consultants must affirm that they will carry out DBE obligations, and will work with TxDOT and the federal government in their review of its activities under the contract.