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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 6TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 154PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS
RULE §154.9Distribution of Wages of Offenders Participating in the Prison Industries Enhancement Certification Program

(a) Each cost accounting center (CAC) shall collect and disburse earned wages according to federal and state law, federal guidelines, the contract, and this rule.

(b) The CAC shall disburse 80 percent of the participant's gross wages according to the following schedule of priorities for the Texas Department of Criminal Justice (TDCJ) and county correctional facility participants:

  (1) Applicable taxes;

  (2) Twenty percent for family support of legal dependents or to the Office of the Attorney General (OAG) Child Support Division as payment toward a child support court order;

  (3) Ten percent for restitution;

  (4) Ten percent to the OAG Crime Victims' Compensation Fund; and

  (5) The remaining percentage to room and board unless the participant has an outstanding child support obligation, in which case the percentage shall be applied to any outstanding child support obligation until such balance is paid in full.

(c) The CAC shall deposit 20 percent of the participant's gross wages into the participant's trust fund account for the benefit of the participant unless the participant has any outstanding child support obligation, in which case, 50 percent of this amount shall be applied to any outstanding child support until such balance is paid in full.

(d) The CAC shall disburse the participant's wages according to the following schedule of priorities for Texas Juvenile Justice Department (TJJD) participants:

  (1) Applicable taxes;

  (2) Ten percent for family support of legal dependents or to the OAG Child Support Division as payment toward a child support court order;

  (3) Five percent for restitution;

  (4) Eight percent to the OAG Crime Victims' Compensation Fund; and

  (5) The remaining percentage to be deposited into the participant's trust fund account.

(e) The TDCJ general counsel shall consult with the TJJD prior to any revisions to the disbursement of the TJJD participant wages.

(f) The CAC shall maintain accurate records of the receipt and distribution of participant wages. Accounting records shall be available for audit by the Texas Board of Criminal Justice (TBCJ), the TDCJ, or representatives of the state or federal government.

(g) The CAC shall report the distribution of wages in the format designated by the Bureau of Justice Assistance (BJA).

(h) The CAC shall complete and forward the report of the distribution of wages on a quarterly basis for each calendar year. The report shall be submitted to the TDCJ not later than the 10th working day following the end of the quarter.

(i) The TDCJ shall compile a combined report of the wage distributions for all CACs by the 20th day following the end of the quarter. The report shall be provided to the TBCJ and the BJA for review.

(j) The TDCJ shall provide written notice to the TJJD, the county correctional facilities, the participants, and the CACs of any changes by the TBCJ to the distribution of wages of offenders participating in the PIE certification program.

(k) Each month, the TDCJ shall forward money deducted from participant wages for room and board to the comptroller of public accounts.


Source Note: The provisions of this §154.9 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

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