| (a) Only the Texas Board of Criminal Justice (TBCJ)
is authorized to approve contracts and renewals or substantive modifications
of contracts with an employer for a Prison Industries Enhancement
(PIE) certification program. Contracts and renewals or substantive
modifications of contracts shall be presented at a regularly scheduled
meeting of the TBCJ for discussion, consideration, and possible action
provided that the governmental entity may extend a contract for up
to a six-month period without TBCJ approval.
(b) For each cost accounting center (CAC) designated
after June 19, 2009, the Texas Department of Criminal Justice (TDCJ),
the Texas Juvenile Justice Department (TJJD), or a county correctional
facility may not enter into a contract or renew a contract with a
private industry for a PIE certification program if the TBCJ determines
that the contract has negatively affected, or would negatively affect,
any employer in this state, including the loss of existing jobs provided
by the employer to employees in this state who are not incarcerated
or imprisoned. The contract shall:
(1) Include specific job descriptions for any work
that will be performed by participants under the contract;
(2) Include a specific description, in plain language
and in an easily readable and understandable format, of any product
that will be manufactured or service that will be provided under this
contract; and
(3) Charge a private sector prison industry employer
or other participating entity the fair market value for the lease
of any property owned by the TDCJ, TJJD, or the county and leased
to the private sector industry employer or entity under the contract.
(c) For the purpose of this chapter, a contract does
not negatively affect an employer if the only negative effect alleged
in a sworn statement by the employer is the loss of existing jobs
that, at the time the sworn statement is submitted to the TBCJ, are
performed by workers in a foreign country.
(d) The TBCJ will not enter into a contract for a new
PIE certification program if there are currently more participants
in the program at any one time or more CACs than authorized by Texas
Government Code §497.062.
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| Source Note: The provisions of this §154.8 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 |
