Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998 Page: 3,656
3631-3764 p. ; 28 cm.View a full description of this periodical.
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Openings and Wages by Occupation Data Collected Through Job
Service Offices of the TWC. This information shall be forwarded to
the Authority for review.
245.22. Consultation with Labor and Business Organizations.
(a) Participating agencies/entities shall, as a part of the
designation process for a cost accounting center (CAC), provide
consultation with representatives of local businesses and labor central
bodies. Information shall be provided in writing and, at a minimum,
shall include the following:
(1) identification of the scope of the intended project,
including projected number of jobs for offenders and free world
workers;
(2) projected initiation date;
(3) information regarding PIE participation;
(4) prevailing wage information;
(5) worker displacement information; and,
(6) an explanation that statutory consultation is required.
(b) Participating agencies/entities shall provide the required
consultations (by outgoing mail or fax) with business and labor
organizations within three working days from the date of receipt
of complete and accurate prevailing wage and non-displacement of
workers information. Failure to provide timely consultation with
business and labor organizations in a timely manner may result in
a delay in industry project designation by the Private Sector Prison
Industries Oversight Authority (the Authority).
(c) The information in subsection (b) of this section and any
comments by business and labor shall be forwarded to the Authority,
through the PIE Program Specialist, for designation review.
(d) The PIE Program Specialist shall review the information
for completeness prior to submission to the Authority. Incomplete
information shall be returned with an explanation of the deficiency.
245.23. Worker's Compensation for Work Program Participants.
(a) Participating agencies/entities, facilities or private indus-
try partners shall provide proof of worker's compensation insurance
to the Private Sector Prison Industries Oversight Authority (the Au-
thority), through the PIE Program Specialist, as a requirement for
designation of a cost accounting center (CAC) under the Private Sec-
tor Prison Industries Program (PIE) and, upon each renewal period.
(b) Participating agencies/entities, facilities or private indus-
try partners may provide private insurance of equal or greater cover-
age in lieu of worker's compensation.
245.24. Environmental Assessments.
As a part of the designation process of a new cost accounting cen-
ter, participating agencies/entities, facilities or industry partners shall
provide documentation of compliance with the National Environmen-
tal Policy Act. This documentation shall be provided to the Private
Sector Prison Industries Oversight Authority (the Authority) through
the PIE Program Specialist.
9245.30. Distribution of Wages of Work Program Participants.
(a) Participating agencies/entities, facilities and industry part-
ners shall collect and disburse earned funds according to Federal
Guidelines and the specific legislation authorizing their participation
in the Private Sector Prison Industry Enhancement Program (PIE).
(1) Allowable disbursements under Federal Guidelines
are:
(A) payroll taxes;(B) reasonable charges for room and Board;
(C) allocations for support of family pursuant to State
statute, court order, or agreement by the offender; and,
(D) contributions to any fund established by law to
compensate the victims of crime of not more than 20% but not less
than 5.0% of gross wages.
(2) The participating agency/entity, facility and industry
partner shall collect deductions in accordance with the State law or
proper authority authorizing such deductions.
(b) Distribution of funds shall be reported in accordance with
Federal Guidelines, with a copy forwarded to the Private Sector Prison
Industries Oversight Authority through the PIE Program Specialist.
(1) Distribution of funds shall be reported in the format
designated by the Bureau of Justice Assistance.
(2) The report shall be completed and forwarded on a
quarterly basis using the calendar year (January 1 through December
31). The report shall be shall be submitted not later than the tenth
working day following the end of the quarter.
(c) The facility and industry partner shall maintain accurate
records, both electronically and hard copy ready, of the receipt
and distribution of offender earnings. Accounting records shall be
available for audit by the Authority or representatives of the state or
federal government.
(d) The PIE Program Specialist shall compile a combined
report reflecting all cost accounting centers and shall attach all backup
reports. The report shall be forwarded to the Authority for review and
a copy forwarded to the Bureau of Justice Assistance or designee.
(e) The Authority may change the percentages of deductions
from each category for good cause and within the parameters of state
and federal law, upon 15 days written notice to the offender of such
change.
245.40. Recidivism Studies.
(a) Agencies/entities sponsoring a private sector prison in-
dustry under the oversight of the Private Sector Prison Industries
Oversight Authority (the Authority) shall, upon request of the Crim-
inal Justice Policy Council (CJPC), provide information regarding
the employment status of offender participants in the Private Sector
Prison Industries Program that have been released under supervision.
(1) The information requested may include the number
released:
(A) who are presently employed;
(B) who are unemployed;
(C) who have transferred out of state;
(D) who have discharged from supervision;
(E) who have absconded;
(F) who are in custody;
(G) who have been revoked; and,
(H) who are deceased.
(2) Upon being notified of the request of the CJPC by the
Chairman of the Oversight Authority, the PIE Program Specialist shall
advise the participating agencies/entities of the specific information
being requested.23 TexReg 3656 April 10, 1998 Texas Register
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Texas. Secretary of State. Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998, periodical, April 10, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113834/m1/26/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.