Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,695
10639-10789 p. ; 28 cm.View a full description of this periodical.
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(3) the work is necessary for the youth to complete a
treatment objective and both the objective and the need for the work
program to fulfill it are clearly documented in the youth's Individual
Case Plan.
(f) Compensated Work.
(1) In a TYC facility. Youth may be paid for work
performed for a TYC facility in accordance with (GAP) 91.65 of
this title (relating to Payment for Youth Employment by TYC).
(2) Vocational or Training Program. TYC may provide
for compensated employment through an approved vocational or
training program, or through a work experience which does not
conflict with other educational requirements.
(3) Employment in the Community. TYC staff shall
ensure fair treatment of youth who work in the community.
(A) Youth employed in the community in positions
normally occupied by private citizens will be compensated at the
prevailing rate, which must be not less than the federal minimum
wage.
(B) Periodic checks by staff on job conditions of
community jobs held by TYC youth will be conducted to ensure
that the youth are not abused, overworked or unfairly treated.
(4) Private Sector Youth Industries Program.
(A) Youth participation in the youth industries pro-
gram shall be voluntary.
(B) Youth must meet qualification criteria in order to
participate.
(C) Youth must be advised of and agree by contract to
certain financial arrangements including specific deductions of taxes,
victims compensation assistance and family support made from gross
wages and to other specific deductions made from net wages.
(D) Youth employed in the industries program in
positions normally occupied by private citizens will be compensated
at the prevailing rate, which must be not less than the federal
minimum wage.
(E) Periodic checks by staff on job conditions will be
conducted to ensure that the youth are not abused, overworked or
unfairly treated.
91.63. Youth Industries Program, Initial Preparation.
(a) Purpose. The purpose of this rule is to establish
preliminary activities necessary for implementing a Youth Industries
Program as authorized by the Texas 74th Legislature.
(b) The Texas Youth Commission Executive Director will
seek Prison Industry Enhancement (PIE) Certification whereby goods
made as a result of a TYC industry program may be sold in interstate
commerce and to the federal government.
(c) Consultation With Labor Unions. The executive director
or his designee shall consult with representatives of labor unions prior
to using TYC youth in the production of goods for sale in interstate
commerce.
(1) During the development and prior to implementation
of a program certified under the Private Sector/Prison Industry
Enhancement Certification Program, the executive director shall:(A) Contact labor unions who represent workers in
similar manufacturing operations in the locality in which the work
will take place. If no labor organization exists locally, the state labor
organization shall be contacted.
(B) Obtain a current listing of statewide labor unions.
(C) From this list, contact appropriate labor unions to
apprise them of the proposed project involving TYC youth labor, and
solicit written comments, concerns, and recommendations.
(2) The executive director shall advise, in writing, the
appropriate labor unions as to the status of each such project at least
annually, and at that time, solicit additional comments, concerns, and
recommendations.
(3) A file of correspondence and contacts with the labor
unions shall be maintained.
(4) The executive director will attempt to ensure that
at all times at least one member of the TYC Industries Advisory
Committee is a current member of a local or state level union or
similar organization.
(d) Consultation With Businesses. The deputy executive
director or designee shall consult with representatives of area
businesses potentially affected by Texas Youth Commission TYC
Youth Industries production of products for sale in state and interstate
commerce and to the Federal government under the Private Sector/
Prison Industries Enhancement Certification Program.
(1) During the development and prior to implementation
of a program certified under the Private Sector/Prison Industry
Enhancement Certification Program, the deputy executive director
shall:
(A) Contact the local Chamber of Commerce or other
trade organization, if any exist, in the area where the project is to be
located.
(B) Write a letter of intent soliciting comments,
concerns, and recommendations.
(2) The deputy executive director shall advise, in writing,
the appropriate Chamber of Commerce as to the status of each such
project at least annually, and at that time, solicit additional comments,
concerns, and recommendations.
(3) A file of correspondence and contacts with the Cham-
bers of Commerce and affected businessmen shall be maintained.
(4) The executive director will attempt to ensure that at all
times at least one member of the TYC Industries Advisory Committee
is a current member of a local or state level Chamber of Commerce
or similar business oriented business organization.
(e) Prevailing Wages Assurance. The executive director or
designee shall seek to obtain assurance from the Texas Workforce
Commission that TYC youth worker compensation plans, including
wages, bonuses, and piecework rates are comparable to wages paid
for work of a similar nature in the locality in which the work is
performed.
(1) During the development and prior to implementation
of a program certified under the Private Sector/Prison Industry En-
hancement Certification Program, the executive director or designee
shall:PROPOSED RULES October 29, 1996 21 TexReg 10695
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Texas. Secretary of State. Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996, periodical, October 29, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182324/m1/57/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.