(a) Only the Texas Board of Criminal Justice (TBCJ) is authorized to approve contracts and renewals or substantive modifications of contracts with an employer for a Prison Industries Enhancement (PIE) certification program. Contracts and renewals or substantive modifications of contracts shall be presented at a regularly scheduled meeting of the TBCJ for discussion, consideration, and possible action provided that the governmental entity may extend a contract for up to a six-month period without TBCJ approval.
(b) For each cost accounting center (CAC) designated after June 19, 2009, the Texas Department of Criminal Justice (TDCJ), the Texas Juvenile Justice Department (TJJD), or a county correctional facility may not enter into a contract or renew a contract with a private industry for a PIE certification program if the TBCJ determines that the contract has negatively affected, or would negatively affect, any employer in this state, including the loss of existing jobs provided by the employer to employees in this state who are not incarcerated or imprisoned. The contract shall:
  (1) Include specific job descriptions for any work that will be performed by participants under the contract;
  (2) Include a specific description, in plain language and in an easily readable and understandable format, of any product that will be manufactured or service that will be provided under this contract; and
  (3) Charge a private sector prison industry employer or other participating entity the fair market value for the lease of any property owned by the TDCJ, TJJD, or the county and leased to the private sector industry employer or entity under the contract.
(c) For the purpose of this chapter, a contract does not negatively affect an employer if the only negative effect alleged in a sworn statement by the employer is the loss of existing jobs that, at the time the sworn statement is submitted to the TBCJ, are performed by workers in a foreign country.
(d) The TBCJ will not enter into a contract for a new PIE certification program if there are currently more participants in the program at any one time or more CACs than authorized by Texas Government Code §497.062.

Source Note: The provisions of this §154.8 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