(a) Any private industry interested in establishing a cost accounting center (CAC) 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 submit a written proposal to the Texas Board of Criminal Justice (TBCJ), P.O. Box 13084, Austin, TX 78711.
(b) The proposal shall include the following information:
  (1) A summary of the product to be manufactured or the service to be provided;
  (2) The number of participants to be employed and the number of other employees who will be employed on site;
  (3) Specific job descriptions;
  (4) Documentation of the prevailing wage for similar work performed in the locality in which the private industry will be operated and the wage program participants will be paid in accordance with 37 Texas Administrative Code §154.4;
  (5) Evidence of workers' compensation coverage or equivalent private insurance;
  (6) Documentation reflecting that the notice required in 37 Texas Administrative Code §154.5 has been provided;
  (7) Certification that the private industry is eligible to receive state funds, a grant, or loan under Texas Family Code §231.006;
  (8) Documentation of compliance with the National Environmental Policy Act, if applicable, in the form required by those regulations, or an application for categorical exclusion;
  (9) Financial statements to provide proof of financial stability; and
  (10) Any other information required by the TDCJ, TJJD, or the operator of the county correctional facility.
(c) TBCJ staff shall forward a copy of the proposal to the TDCJ for review and confirmation that the proposal meets the requirements of state and federal law applicable to the Prison Industries Enhancement certification program.
(d) The TDCJ shall present the proposal at a regularly scheduled meeting of the TBCJ for discussion, consideration, and possible action.
(e) The TDCJ shall notify the private industry and TJJD or the operator of the county correctional facility, as applicable, of the TBCJ's decision. If approved by the TBCJ, the private industry, and TDCJ, TJJD, or operator of the county correctional facility shall complete the appropriate Bureau of Justice Assistance (BJA) forms for designation as a new CAC and return the forms to the TDCJ.
(f) If approved, the TDCJ shall submit the designation forms and a copy of the proposal to the BJA.

Source Note: The provisions of this §154.7 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