(a) Any private industry proposing to operate a Prison Industries Enhancement (PIE) certification program 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 notify the following of its intent to do so:
  (1) The state senator and state representative in whose district the PIE certification program covered by the contract is or will be located;
  (2) The executive heads of the Texas American Federation of Labor and Congress of Industrial Organizations, the Texas Association of Manufacturers, the National Federation of Independent Business/Texas, the Texas Association of Business, and the Texas Association of Workforce Boards; and
  (3) The Chamber of Commerce in any municipality or county in which the PIE certification program covered by the contract is or will be located.
(b) The notice required by subsection (a) shall include a specific description, in plain language and in an easily readable and understandable format, of any product that will be manufactured or service to be provided under the contract.
(c) The notice shall be provided in writing by certified mail and, at a minimum, include the following:
  (1) Identification of the scope of the intended project, including projected number of jobs for participants and free world workers;
  (2) Specific job descriptions for any work that will be performed by participants under the contract;
  (3) Specific description in plain language of any product that will be manufactured or service to be provided;
  (4) Projected initiation date;
  (5) Information regarding PIE certification program participation;
  (6) Prevailing wage information;
  (7) An explanation that statutory consultation is required;
  (8) A statement by the private industry that it will not impair existing contracts for goods or services; and
  (9) A statement indicating that comments are invited.
(d) A copy of the notice and any comments received shall be provided to the Texas Board of Criminal Justice (TBCJ) in the proposal submitted pursuant to 37 Texas Administrative Code §154.7.
(e) The notice required in this subsection does not relieve the TDCJ, TJJD, or the county correctional facility from providing notice no later than 60 days prior to entering into a contract with a private industry for a PIE certification program as required by Texas Government Code §497.0596. The TDCJ, TJJD, and the county correctional facility may charge the private industry for the cost of providing the notice.
(f) Any employer that employs persons in this state to perform work in the same job descriptions or are otherwise engaged in the manufacture of the same or a substantially similar product may submit a sworn statement to the TBCJ alleging that the employer has been or would be negatively affected by the contract to be entered into or renewed. The TBCJ shall consider this statement when determining whether to designate a cost accounting center.

Source Note: The provisions of this §154.5 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