(a) Purpose. This rule establishes a systematic process for selecting sites for the construction of juvenile facilities that will be solely owned and operated by the Texas Juvenile Justice Department (TJJD).
(b) Applicability. This rule does not apply when the only sites under consideration are adjacent to:
  (1) existing residential facilities owned or leased by TJJD; or
  (2) contracted residential facilities.
(c) General Provisions.
  (1) Sites should facilitate settings that provide safe environments for staff and youth, meet applicable security requirements, and provide reasonable protection for the public.
  (2) TJJD selects a site through a Request-for-Proposal (RFP) process unless otherwise directed by the TJJD board or Texas Legislature.
(d) Request for Proposals.
  (1) An RFP for the site selection of a facility to be solely owned and operated by TJJD must be prepared by staff selected by the executive director or designee.
  (2) The RFP must:
    (A) identify the minimum requirements for the site and improvements that are necessary to accommodate the facility described in the RFP or contemplated by TJJD; and
    (B) include criteria to be used to evaluate the site and improvements.
  (3) The geographical area(s) identified in the RFP are based on a projection of the number of youth committed to TJJD in the area(s).
  (4) All government entities and private groups or individuals within an identified area are encouraged to submit proposals. It is the responsibility of each proponent to obtain a copy of the RFP.
  (5) The general criteria in the RFP must include, at a minimum, the following general categories:
    (A) availability of a labor force that is capable of meeting the operational needs of the facility and that represents the cultural diversity of the youth served;
    (B) availability of adequate medical facilities nearby;
    (C) availability of academic and educational support;
    (D) availability of fire and police service in the immediate area;
    (E) location of the site in relation to existing properties (e.g., schools, churches, residential developments, etc.);
    (F) suitability of the site for ease of construction and cost effectiveness;
    (G) availability and accessibility of utilities and appropriate infrastructure; and
    (H) social impact and level of community support.
(e) Selection Process.
  (1) The executive director selects a review committee composed of TJJD staff. The TJJD board chair appoints a TJJD board member to chair the committee.
  (2) The review committee:
    (A) reviews all proposals received;
    (B) evaluates the proposals based on the criteria stated in the RFPs; and
    (C) ranks the proposals based on the evaluations.
  (3) The chair of the review committee presents the results of the review to the TJJD board.
  (4) Final site selection is made by the TJJD board unless otherwise directed by the Texas Legislature.

Source Note: The provisions of this §385.8165 adopted to be effective December 31, 1996, 21 TexReg 11819; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123