| (a) Any private industry interested in establishing
a cost accounting center (CAC) 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 a written proposal to the Texas Board of Criminal
Justice (TBCJ), P.O. Box 13084, Austin, TX 78711.
(b) The proposal shall include the following information:
(1) A summary of the product to be manufactured or
the service to be provided;
(2) The number of participants to be employed and the
number of other employees who will be employed on site;
(3) Specific job descriptions;
(4) Documentation of the prevailing wage for similar
work performed in the locality in which the private industry will
be operated and the wage program participants will be paid in accordance
with 37 Texas Administrative Code §154.4;
(5) Evidence of workers' compensation coverage or equivalent
private insurance;
(6) Documentation reflecting that the notice required
in 37 Texas Administrative Code §154.5 has been provided;
(7) Certification that the private industry is eligible
to receive state funds, a grant, or loan under Texas Family Code §231.006;
(8) Documentation of compliance with the National Environmental Policy Act, if applicable,
in the form required by those regulations, or an application for categorical
exclusion;
(9) Financial statements to provide proof of financial
stability; and
(10) Any other information required by the TDCJ, TJJD,
or the operator of the county correctional facility.
(c) TBCJ staff shall forward a copy of the proposal
to the TDCJ for review and confirmation that the proposal meets the
requirements of state and federal law applicable to the Prison Industries
Enhancement certification program.
(d) The TDCJ shall present the proposal at a regularly
scheduled meeting of the TBCJ for discussion, consideration, and possible
action.
(e) The TDCJ shall notify the private industry and
TJJD or the operator of the county correctional facility, as applicable,
of the TBCJ's decision. If approved by the TBCJ, the private industry,
and TDCJ, TJJD, or operator of the county correctional facility shall
complete the appropriate Bureau of Justice Assistance (BJA) forms
for designation as a new CAC and return the forms to the TDCJ.
(f) If approved, the TDCJ shall submit the designation
forms and a copy of the proposal to the BJA.
|
| Source Note: The provisions of this §154.7 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 |
