| (a) Any private industry proposing to operate 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 notify the following of its intent to
do so:
(1) The state senator and state representative in whose
district the PIE certification program covered by the contract is
or will be located;
(2) The executive heads of the Texas American Federation
of Labor and Congress of Industrial Organizations, the Texas Association
of Manufacturers, the National Federation of Independent Business/Texas,
the Texas Association of Business, and the Texas Association of Workforce
Boards; and
(3) The Chamber of Commerce in any municipality or
county in which the PIE certification program covered by the contract
is or will be located.
(b) The notice required by subsection (a) shall include
a specific description, in plain language and in an easily readable
and understandable format, of any product that will be manufactured
or service to be provided under the contract.
(c) The notice shall be provided in writing by certified
mail and, at a minimum, include the following:
(1) Identification of the scope of the intended project,
including projected number of jobs for participants and free world
workers;
(2) Specific job descriptions for any work that will
be performed by participants under the contract;
(3) Specific description in plain language of any product
that will be manufactured or service to be provided;
(4) Projected initiation date;
(5) Information regarding PIE certification program
participation;
(6) Prevailing wage information;
(7) An explanation that statutory consultation is required;
(8) A statement by the private industry that it will
not impair existing contracts for goods or services; and
(9) A statement indicating that comments are invited.
(d) A copy of the notice and any comments received
shall be provided to the Texas Board of Criminal Justice (TBCJ) in
the proposal submitted pursuant to 37 Texas Administrative Code §154.7.
(e) The notice required in this subsection does not
relieve the TDCJ, TJJD, or the county correctional facility from providing
notice no later than 60 days prior to entering into a contract with
a private industry for a PIE certification program as required by
Texas Government Code §497.0596. The TDCJ, TJJD, and the county
correctional facility may charge the private industry for the cost
of providing the notice.
(f) Any employer that employs persons in this state
to perform work in the same job descriptions or are otherwise engaged
in the manufacture of the same or a substantially similar product
may submit a sworn statement to the TBCJ alleging that the employer
has been or would be negatively affected by the contract to be entered
into or renewed. The TBCJ shall consider this statement when determining
whether to designate a cost accounting center.
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| Source Note: The provisions of this §154.5 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 |
