The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) "Certificate Holder" is a governmental entity that
has been certified by United States Department of Justice, Bureau
of Justice Assistance (BJA) to administer a Prison Industry Enhancement
(PIE) certification program.
(2) "Certification" is the designation by the BJA of
a Prison Work Pilot Project pursuant to 18 U.S.C. §1761(c) and
other applicable federal and state laws.
(3) "Cost Accounting Center" (CAC) is a distinct goods
production unit of a PIE certification program that is managed as
a separate accounting entity under the authority of a certificate
holder. All CACs shall operate in compliance with the provisions set
forth in 18 U.S.C. §1761(c).
(4) "Displacement" is the loss of employment in skills,
crafts, or trades in which there is a surplus of available gainful
labor in the state. Displacement may not result in a significant impairment
to existing contracts. The term displacement as used in this definition
includes all such prohibited activities, as well as the inappropriate
transfer of private sector job functions to PIE certification program
participants.
(5) "Fair Market Value" is the amount or rate that
is equal to or greater than the average amount or rate paid by the
state for the lease of substantially similar property.
(6) "Governmental Entity" is the Texas Department of
Criminal Justice, the Texas Juvenile Justice Department, and any county
that operates a PIE certification program.
(7) "Locality" is the local workforce development area
designated by the Texas Workforce Commission for the geographic area
where the work will be performed.
(8) "Participant" is an offender employed by a PIE
certification program.
(9) "Prevailing Wage" is a wage rate that is not less
than that paid for work of a similar nature in the locality in which
the work will be performed.
(10) "Private Sector Prison Industries Programs" is
the term used by the state, which has the same meaning as the PIE
certification program, as authorized by 18 U.S.C. §1761(c).
(11) "United States Department of Justice, Bureau of
Justice Assistance" is a federal agency, which certifies that local
or state prison industry programs meet all the necessary requirements
to sell prison-made goods in interstate commerce.
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| Source Note: The provisions of this §154.2 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective July 18, 2021, 46 TexReg 4172 |
