| (a) As provided in this chapter, each private industry
interested in establishing a Prison Industries Enhancement (PIE) certification
program in a facility operated by or under contract with the Texas
Department of Criminal Justice (TDCJ), the Texas Juvenile Justice
Department (TJJD), or a county correctional facility shall submit
documentation of the prevailing wage for each job classification in
the proposal submitted to the Texas Board of Criminal Justice pursuant
to 37 Texas Administrative Code §154.7.
(b) The private industry shall obtain written verification
from the Texas Workforce Commission (TWC) that the wage plan for the
operation of the PIE certification program is consistent with the
prevailing wage for each job classification in the locality in which
the work will be performed.
(c) Upon receipt of this information, the TDCJ, TJJD,
or county correctional facility shall request from the TWC information
necessary to certify that:
(1) The private industry will not result in the displacement
of employees or the loss of existing jobs of a similar nature by any
employer in this state. For the purpose of this rule, a program does
not result in the loss of existing jobs if, at the time of initial
certification, the jobs are performed by workers in a foreign country;
and
(2) The private industry will not be applied in skills,
crafts, or trades in which there is a surplus of available gainful
labor in the state.
(d) Notwithstanding the provisions of subsection (b),
a contract for the provision of services does not require payment
of prevailing wages as long as the contract requires the payment of
not less than the federal or state minimum wage, whichever is higher.
|
| Source Note: The provisions of this §154.4 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 |
