TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

Chapter 15. DRIVERS LICENSE RULES

Subchapter B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES

37 TAC §15.21

The Texas Department of Public Safety proposes an amendment to §15.21, concerning Application Requirements--Original, Renewal, Duplicate, Identification Certificates.

The amendment to the section adds language to paragraph (2) in order to align the rule with Texas Transportation Code, §521.121(4)(b) and the department's current procedure of using an applicant's digital (facsimile) signature for the production of a driver license.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications to state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be current and updated rules. The cost to individuals who are required to comply with the section as proposed will be the actual cost of the driver license or identification certificate. There is no anticipated adverse economic effect on small businesses, or micro-businesses.

Comments on the proposal may be submitted to Mary Ann Courter, General Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The amendment is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §521.005.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005 are affected by this proposal.

§15.21. Signature.

The applicant's usual signature is required on all applications for a drivers license or identification certificate.

(1)

(No change.)

(2)

The signature on the face of the application [ and on the license certificate ] must be in ink. The license or certificate must include a facsimile of the license holder's signature or a space on which the holder shall write the holder's usual signature in ink immediately on receipt of the license or certificate. The applicant may sign his name on the back of the application, verifying tests taken, in pencil.

(3) - (4)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 1, 2000.

TRD-200003068

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: June 18, 2000

For further information, please call: (512) 424-2135

Chapter 23. VEHICLE INSPECTION

Subchapter A. VEHICLE INSPECTION STATION LICENSING

37 TAC §§23.1, 23.2, 23.8, 23.10

The Texas Department of Public Safety proposes amendments to §§23.1, 23.2, 23.8, and 23.10, concerning Vehicle Inspection Station Licensing.

The amendment to §23.1 deletes subsection (e) which creates an unreasonable and unenforceable requirement on an inspection station by preventing a station from making a new application within one year of the withdrawal of the original application. Amendment to §23.2 and §23.8 deletes language whereby the original purpose of having an inspection lane clearly marked with a 4" x 8" line was to calibrate the headlight machine. Headlight aim is no longer a requirement and the marked lane is no longer necessary. Section 23.10(a) is amended to delete the requirement that inspection stations have to have a display area and the requirement to mount a 4' X 4' board creates an unnecessary financial burden. This required stations to buy a full sheet of plywood and cut it in half. Stations will still have to provide a display area but this can be on a wall or other area.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the rules will be current and updated rules. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.

Comments on the proposal may be submitted to Mary Ann Courter, General Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §548.002, which authorizes the department to adopt rules to administer and enforce the chapter on Compulsory Inspection of Vehicles.

Texas Government Code, §411.004(3) and Texas Transportation Code, Chapter 548 are affected by this proposal.

§23.1. New Applications.

(a) - (d)

(No change.)

[ (e)

Withdrawal of application. An application for a certificate of appointment as a vehicle inspection station may be withdrawn by the applicant at any time. No person may apply for a certificate of appointment as a vehicle inspection station within one year from the date of the withdrawal of the application by the applicant.]

(e)

[ (f) ] Frequency of application. Except as provided in §23.13 of this title (relating to Reissue of Inspection Station Certificate of Appointment after Suspension), no person may apply for a certificate of appointment as a vehicle inspection station within one year from the date of denial by the director of an application from the same person.

§23.2. General Space Requirements.

To qualify for a certificate of appointment physical facilities must meet the following standards.

(1) - (3)

(No change.)

(4)

Inspection area. Every vehicle inspection station shall have an inspection area within the vehicle inspection station set aside, [ clearly marked ] and approved by the department, for conducting the inspection of vehicles. When a vehicle inspection station desires to have more than one inspection area, the space requirements for each lane must be met. For vehicle inspection stations, with trailer endorsement, see specific requirements.

(A) - (C)

(No change.)

(5)

(No change.)

§23.8. Equipment Requirements for All Classes of Vehicle Inspection Stations.

(a)

Applicant shall be informed of the required equipment including such items as approved testing devices, tools, measuring devices, display board, brake machines, and marked brake test area[ , and marked inspection test area ].

(b) - (f)

(No change.)

§23.10. Inspection Station Display Area.

(a)

Display. All required equipment shall be mounted on the wall in an area of sufficient size [ , or on a four-foot by four-foot pegboard, plywood board, or similar substance, and displayed ].

(b) - (c)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 1, 2000.

TRD-200003065

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: June 18, 2000

For further information, please call: (512) 424-2135

Subchapter B. GENERAL INSPECTION REQUIREMENTS

37 TAC §23.26, §23.27

The Texas Department of Public Safety proposes amendments to §23.26 and §23.27, concerning General Inspection Requirements.

Because inspection stations are now allowed to inspect large vehicles such as motor homes outside the inspection lane/building, amendment to §23.26 deletes subsection (b)(2) and reformats remaining paragraphs. Amendment to §23.27 adds language to subsection (j) which requires government vehicles in emission counties to be inspected.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications to state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the rules will be current and updated rules. The anticipated cost to individuals who are required to comply with the rule as proposed will be the cost of the vehicle inspection. There is no anticipated adverse economic effect on small businesses, or micro-businesses.

Comments on the proposal may be submitted to Mary Ann Courter, General Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §548.002, which authorizes the department to adopt rules to administer and enforce the chapter on Compulsory Inspection of Vehicles.

Texas Government Code, §411.004(3) and Texas Transportation Code, Chapter 548 are affected by this proposal.

§23.26. Repairs.

(a)

(No change.)

(b)

Inspection refusals.

[ (1) ]

[ General. ] No vehicle inspection station shall refuse to inspect a vehicle that is presented for inspection during normal business hours. Vehicle inspection stations are required to inspect only those types of vehicles authorized by its class of certificate of appointment. Examples are as follows.

(1)

[ (A) ] A governmental vehicle inspection station shall inspect only vehicles owned by political subdivision or state agency.

(2)

[ (B) ] A public vehicle inspection station shall inspect only those vehicles for which they have endorsements.

[ (2)

Exception. A public vehicle inspection station shall refuse to inspect any motor vehicle too large for the vehicle inspection station entrance.]

§23.27. Specific Requirements.

(a) - (i)

(No change.)

(j)

All vehicles owned by the federal government, except those registered in Texas and displaying Texas registration plates, shall be exempt from all provisions of the Vehicle Inspection Act, rules, and regulations , except those vehicles required to be inspected in an emission county as required by §23.93 of this title (relating to Vehicle Emissions Inspection Requirements .

(k)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 1, 2000.

TRD-200003066

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: June 18, 2000

For further information, please call: (512) 424-2135

Subchapter D. VEHICLE INSPECTION RECORDS

37 TAC §23.51

The Texas Department of Public Safety proposes an amendment to §23.51, concerning Vehicle Inspection Records.

The amendment to §23.51 adds "out of state identification certificates" to the list of items which will be kept locked at all times. The VI-30-A forms are out of state identification certificates used to register vehicles and are a government document. Theft of the VI-30-A would enhance a thief's chance at registering a stolen vehicle. Therefore, these should be kept locked just as the inspection certificates and number inserts are kept locked.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be the deterrence of theft. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.

Comments on the proposal may be submitted to Mary Ann Courter, General Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The amendment is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §548.002, which authorizes the department to adopt rules to administer and enforce the chapter on Compulsory Inspection of Vehicles.

Texas Government Code, §411.004(3) and Texas Transportation Code, Chapter 548 are affected by this proposal.

§23.51. Retention of Records.

(a) - (e)

(No change.)

(f)

Certificates , out of state identification certificates and number inserts shall be kept locked at all times to prevent theft.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 1, 2000.

TRD-200003067

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: June 18, 2000

For further information, please call: (512) 424-2135

Chapter 25. SAFETY RESPONSIBILITY REGULATIONS

37 TAC §§25.19 - 25.21

The Texas Department of Public Safety proposes amendments to §§25.19 - 25.21, concerning Safety Responsibility Regulations.

The amendment to §25.19 is necessary to correct an outdated statutory reference used in the rule. The amendments to §25.20 and §25.21 are necessary so as to ensure that individuals are fully informed regarding the types of evidence of financial responsibility that the department accepts for driver's license road tests, traffic enforcement contacts and during accident investigations.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications to state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be clarification of department policy. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.

Comments on the proposal may be submitted to Mary Ann Courter, General Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §601.021, which provides that the department shall administer and enforce this chapter.

This proposal affects Texas Government Code, §411.004(3), and Texas Transportation Code, §601.021.

§25.19. Compulsory Insurance.

A conviction for no liability insurance under Texas Transportation Code, §601.051, and §601.0152 [ Civil Statutes, Article 6701h, §1A ], will be enforced on Form SR-115.

(1) - (4)

(No change.)

§25.20. Compulsory Insurance -- Driver's License Road Test.

(a)

Evidence of financial responsibility. Owners and/or operators of motor vehicles are required to furnish information concerning evidence of financial responsibility upon request to a driver license employee. This department's policy will be to accept the following as evidence of financial responsibility:

(1) - (3)

(No change.)

(4)

certificate issued by the state comptroller [ treasurer ] that shows that the owner of the vehicle has on deposit with the comptroller [ treasurer ] money or securities in at least the amount required by the Safety Responsibility Act[ , §25 ];

(5)

Texas Department of Transportation carrier registration certificates (cab cards), including: [ Railroad Commission cab cards: ]

(A)

commercial motor vehicle registration certificates [ intrastate Railroad Commission cab card with a copy of the authority attached ];

(B)

commercial motor vehicles registered under the Single State Registration System; [ interstate ICC-regulated carriers Uniform D cab card with Railroad Commission stamp attached; or ]

(C)

temporary registration of international motor carriers (insurance stamp); [ interstate exempt carriers Uniform D1 cab card with Railroad Commission stamp attached; ]

(D)

household goods carrier registration certificates; or

(E)

tow truck registration certificates;

(6)

certificate issued by the Department of Public Safety that shows that the vehicle is a vehicle for which a bond is on file with the Department of Public Safety as provided by the Safety Responsibility Act[ , §24 ];

(7)

copy of a certificate issued by the county judge of a county in which the vehicle is registered that shows that the owner of the vehicle has on deposit with the county judge cash or a cashier's check in at least the amount required by the Safety Responsibility Act[ , §1A(b)(6) ];

[ (8)

tow trucks displaying a certificate of registration issued by the Texas Department of Licensing and Regulation; ]

(8)

[ (9) ] copies of the aforementioned documents; and

(9)

[ (10) ] other evidence such as an insurance binder which confirms to the satisfaction of the officer that the owner and/or driver is in compliance with the Safety Responsibility Act.

(b)

(No change.)

§25.21. Compulsory Insurance -- Compliance and Enforcement.

(a)

Evidence of financial responsibility. Owners and/or operators of motor vehicles are required to furnish information concerning evidence of financial responsibility upon request to a law enforcement officer. This department's policy will be to accept the following as evidence of financial responsibility:

(1) - (3)

(No change.)

(4)

certificate issued by the state comptroller [ treasurer ] that shows that the owner of the vehicle has on deposit with the comptroller [ treasurer ] money or securities in at least the amount required by the Safety Responsibility Act[ , §25 ];

(5)

Texas Department of Transportation carrier registration certificates (cab cards). including: [ Railroad Commission cab cards: ]

(A)

commercial motor vehicle registration certificates; [ intrastate Railroad Commission cab card with a copy of the authority attached; ]

(B)

motor vehicles registered under the Single State Registration System; [ interstate ICC-regulated carriers Uniform D cab card with Railroad Commission stamp attached; or ]

(C)

temporary registration of international motor carriers (insurance stamp); [ interstate exempt carriers Uniform D1 cab card with Railroad Commission stamp attached; ]

(D)

household goods carrier registration certificates; or

(E)

tow truck registration certificates;

(6)

certificate issued by the Department of Public Safety that shows that the vehicle is a vehicle for which a bond is on file with the Department of Public Safety as provided by the Safety Responsibility Act[ , §24 ];

(7)

copy of a certificate issued by the county judge of a county in which the vehicle is registered that shows that the owner of the vehicle has on deposit with the county judge cash or a cashier's check in at least the amount required by the Safety Responsibility Act[ , §1A(b)(6) ];

[ (8)

tow trucks displaying a certificate of registration issued by the Texas Department of Licensing and Regulation; ]

(8)

[ (9) ] copies of the aforementioned documents; and

(9)

[ (10) ] other evidence such as an insurance binder which confirms to the satisfaction of the officer that the owner and/or driver is in compliance with the Safety Responsibility Act.

(b)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 1, 2000.

TRD-200003069

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: June 18, 2000

For further information, please call: (512) 424-2135

Part 8. PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT AUTHORITY

Chapter 245. GENERAL PROVISIONS

37 TAC §§245.11 - 245.14, 245.20 - 245.23, 245.30, 245.40, 245.41, 245.43, 245.45, 245.47

The Private Sector Prison Industries Oversight Authority (the Authority) proposes amendments to 37 TAC §§245.11-245.13, 245.20-245.23, 245.30, 245.40, 245.41, and new §§245.14, 245.43, 245.45, and 245.47 concerning General Provisions.

The amendments and new sections set the foundation for newly created Authority appointed by the Governor under House Bill 1301. These administrative changes set the standards for operation and the policies and procedures that are to be implemented in order to properly approve, certify, and oversee the operation of private sector prison industries program in the Texas Department of Criminal Justice, the Texas Youth Commission, and county jail correctional facilities, in compliance with the federal Private Sector Prison Industries Enhancement Certification Program.

Representative Ray Allen, ex officio member of the Oversight Authority and author of House Bill 1301, has determined that for first five year period the sections are in effect for the most part the proposed changes are administrative in nature and have limited fiscal impact on state and local government. Section 245.21 will remove the CAC's authority to pay minimum wages for a two month period of training.

Representative Allen also has determined that for the first five year period the sections are in effect the tangible public benefit of these changes are certification that employers will not displace non-inmate employees, and it bringing the program in compliance with new federal laws. There will be no effect on small businesses or micro-businesses. There will be no anticipated cost to persons who are required to comply with the amendments and new sections as proposed.

Comments should be directed to Robert Carter, PIE Program Administrator, 8610 Shoal Creek Blvd., Austin, Texas 78757. Written comments from the general public should be received within 30 days of the publication of this proposal.

The amendments and new sections are proposed under Texas Government Code, §497.051- 497.062, which provides the Oversight Authority with the authority to promulgate rules; 18 United States Code 1761; 42 United States Code, §§4321-4347; and 40 Code of Federal Regulations Part 1500.

Cross Reference to Statue: Texas Government Code, §§497.051 - 497.062.

§245.11.Payments by Industries to the Private Sector Prison Industries Oversight Account.

(a)

(No change.)

(b)

The participating agency/entity, facility or private industry partner(s) shall forward the amount of moneys calculated under subsection (a) of this section to the Oversight Authority. The Oversight Authority shall forward the moneys to the State Comptrollers office for deposit in the General Revenue Fund in the Private Sector Prison Industries Oversight Account.

[ (1) ]

Moneys shall be forwarded on a quarterly basis. A copy of the deposit shall be forwarded to the Oversight Authority or Designee.

[ (2)

The payment shall be reflected in the PIE Quarterly Statistical Report. ]

§245.12.Policy and Procedural Requirement for Participating Agencies/Entities.

(a)

Participating agencies/entities shall develop policies and procedures, pertinent to their individual program and in keeping with State and Federal guidelines and law. Copies of Authority Rules and Federal Guidelines as well as technical assistance shall be provided by Authority staff [ the PIE Program Specialist ] upon request.

(b)

Participating agencies/entities shall submit their policies and procedures to the Private Sector Prison Industries Oversight Authority [ (the Authority) ] for review [ and approval ] through the Authority staff [ PIE Program Specialist ]. Additionally, participating agencies/entities shall include a copy of the grievance procedure in place at the location where PIE designated cost accounting centers operate.

(c)

Authority staff [ The PIE Program Specialist ] shall review the submitted policies and procedures for compliance with State and Federal guidelines, law and Oversight Authority Rules.

(1)

After reviewing the submitted policies and procedures, Authority staff [ the PIE Program Specialist ] shall forward the same to the Authority with a cover memo indicating any areas of perceived non-compliance.

(2)

The Authority shall review the submitted policies and procedures and the Authority staff's [ PIE program Specialist's ] comments. The Authority shall then make a determination regarding [ approval of the submitted policies or the nature of ] any needed corrective action.

(d)

The Decision of the Authority shall be communicated to the participating agency/entity through the Authority staff [ PIE Program Specialist ].

§245.13.Program Inquires.

In order to keep the Private Sector Prison Industries Oversight Authority informed regarding the PIE Program, all written inquiries, requests for information and concerns, related to the Private Sector Prison Industries Program shall be directed to the Authority staff [ Program Specialist ] or Authority Members, and all responses shall be copied to the Chairman of the Private Sector Prison Industries Oversight Authority, with the exception of:

(1)

information normally provided by the Authority staff [ PIE Program Specialist ] as a routine job function or as technical assistance to the Authority, Bureau of Justice Assistance, state agencies, facilities or industry; or

(2)

information that may be provided by participating agencies/entities, facilities or private industry partners regarding their specific program.

(3)

Additionally, worker grievances and responses regarding the PIE Program shall be forwarded to the Oversight Authority through the Authority staff [ PIE Program Specialist ].

§245.14.Complaint Investigation.

(a)

Complaint allegations of violation of Federal Guidelines. Oversight Authority Rules or other areas under jurisdiction of the Authority shall be forwarded to Authority staff for investigation.

(b)

Authority staff or designee shall investigate the complaint and record results of the investigation in a file which, at a minimum, shall contain:

(1)

the name of the-person who filed the complaint;

(2)

the dates the complaint was received by the Authority staff;

(3)

the subject matter or nature of the complaint;

(4)

the names of each person contacted in relation to the complaint;

(5)

a summary of the results of the investigation;

(6)

an explanation of the reason the case was closed if no action was taken other than to investigate the complaint.

(c)

Authority staff shall assign each case a number and maintain a log of all investigations to include:

(1)

the case number;

(2)

the date the case was received by the Authority staff;

(3)

summary of the complaint;

(4)

agency/entity/cost accounting center involved;

(5)

name of the complainant;

(6)

date the case was closed; and,

(7)

whether the complaint allegation was sustained or not sustained.

(d)

Upon receipt of the complaint allegation, the Authority staff shall send a letter, acknowledging receipt of the complaint with a copy of this rule attached, to the complainant and the agency /entity/cost accounting center or subject of the complaint and copy the Presiding Officer of the Oversight Authority.

(e)

At least quarterly and upon final resolution of the complaint allegation. Authority staff shall advise the complainant, agency/entity/cost accounting center or subject of the complaint and the Presiding Officer and members of the Oversight Authority of the status of the investigation unless notice would jeopardize an undercover investigation.

(f)

Upon conclusion of the investigation. Authority staff shall provide written notice to the complainant, the agency/entity/cost accounting center or subject of the complaint and the Presiding Officer and members of the Oversight Authority.

§245.20.Designation of Cost Accounting Centers.

(a)

In order to obtain designation of a new cost accounting center (CAC), participating agencies/entities, facilities or industry partners shall gather and submit to the Authority for review through the Authority staff [ PIE Program Specialist ]:

(1) - (3)

(No change.)

(4)

a certification by the employer agreeing not to displace any its non-inmate employees with inmate workers in violation of 18 U.S.C. 1761 (c);

(5)

[ (4) ] if required by federal regulation, documentation of compliance with the National Environmental Policy Act in the form required by those regulations; and

(6)

[ (5) ] further information as requested by Authority staff [ the Program Specialist ] in order to verify that the proposed project is viable, and that the proposed industry partner is financially sound and does not pose an appreciable risk of violating state or federal law related to illegal business practices.

(b)

Upon receipt of designation by the Authority, Authority staff [ the Program Specialist ] shall notify the participating agency/entity, facility or industry partner and complete the appropriate Bureau of Justice Assistance forms for designation of a new CAC.

(c)

Authority staff [ The PIE Program Specialist ] shall submit the designation forms and all supporting documentation to the Bureau of Justice Assistance. This documentation shall include:

(1)

copies of consultation provided business and labor organizations;

(2)

prevailing wage and non-displacement of workers verifications;

(3)

proof of workers compensation coverage or equivalent private insurance; and

(4)

a copy of the voluntary agreement to be signed by offender participants.

(d)

Copies of Authority Rules and Federal Guidelines as well as technical assistance shall be provided by Authority staff [ the PIE Program Specialists ] upon request by a prospective or actual applicant for designation as a CAC.

§245.21.Prevailing Wages and Non-displacement of Workers.

(a)

As a part of the cost accounting center (CAC) designation process, participating agencies/entities, facilities or industry partners shall submit verification of payment of the prevailing wage for each job classification, to the Private Sector Prison Industries Oversight Authority [ (the Authority) ] through the Authority staff [ the Private Industry Enhancement (PIE) Program Specialist Wage plans may reflect the minimum wage for a two month training period beginning the date employment begins. Subsequent to this two month period, the wage plan must reflect the prevailing wage. ] If it is determined that there is no work of a similar nature in the locality, workers shall be paid no less than the minimum wage. The same information shall be submitted at least on an annual basis [ from the date of designation ] or as otherwise determined by the Authority. The "locality", for the purpose of this Rule, is local workforce development area [ the council of government region ] in which the work is performed.

(b)

Participating agencies/entities, facilities or private industry, partners shall obtain written verification from the Texas Workforce Commission (TWC) that the wage plan reflects the prevailing wage for each job classification and:

(1)

that the industry project shall not result in displacement of free world workers;

(2)

that the industry project will not be applied in skills, crafts or trades in which there is a surplus of available gainful labor in the community.

(c)

If participating agencies/entities, facilities or private industry partners are unable to obtain the verifications required under subsection (b) of this section, they may request technical assistance from Authority staff [ the PIE Program Specialist ].

(1)

In order to obtain technical assistance, the agency/entity, facility or private industry partner must provide Authority staff [ the PIE Program Specialist ] the following information for each job classification:

(A)

educational requirements;

(B)

job experience (if necessary);

(C)

an outline of activities to be performed;

(D)

specific responsibilities;

(E)

wage rate/progression for the position;

(F)

a description of each job; and,

(G)

the occupational and industrial numerical code and title as utilized by the opening and wages by occupation data collected by the economic and research and analysis department of the Texas Workforce Commission (TWC).

(2)

Authority staff [ The PIE Program Specialist ] shall attempt to obtain the required verifications from the TWC. If the TWC is unable to make the required verifications, the Authority staff [ PIE Program Specialist ] shall calculate a prevailing wage and, if necessary as part of the designation process for a new Cost Accounting Center, the verifications required under subsection (b) of this section, utilizing the most recent openings and wages by occupation data collected by the economic research and analysis department of the TWC. This information shall be forwarded to the Authority for review.

§245.22.Consultation with Labor and Business Organizations.

(a)

Participating agencies/entities shall, as a part of the designation process for a cost accounting center (CAC), provide consultation with representatives of local businesses and labor central bodies, if any exist, and the Texas AFL-CIO and the Texas Association of Business and Chambers of Commerce. Information shall be provided in writing and, at a minimum, shall include the following:

(1) - (5)

(No change.)

(6)

an explanation that statutory consultation is. required; [ and ]

(7)

a statement by the industry applicant that the industry project will not impair existing contracts for services ; and, [ . ]

(8)

a statement indicating that comments are invited.

(b)

Participating agencies/entities shall provide the required consultations (by outgoing mail or fax) with business and labor organizations within three working days from the date of receipt of complete and accurate prevailing wage and non-displacement of workers information. Failure to provide timely consultation with business and labor organizations in a timely manner may result in a delay in industry project designation by the Private Sector Prison Industries Oversight Authority [ (the Authority) ].

(c)

The information in subsection (b) of this section and any comments by business and labor shall be forwarded to the Authority, through the Authority staff [ PIE Program Specialist, ] for designation review.

(d)

The Authority staff [ PIE Program Specialist ] shall review the information for completeness prior to submission to the Authority. Incomplete information shall be returned with an explanation of the deficiency.

§245.23.Worker's Compensation for Work Program Participants.

(a)

Participating agencies/entities, facilities or private industry partners shall provide proof of worker's compensation insurance to the Private Sector Prison Industries Oversight Authority (the Authority), through the Authority staff [ PIE Program Specialist ], as a requirement for designation of a cost accounting center (CAC) under the Private Sector Prison Industries Program (PIE) and, upon each renewal period.

(b)

(No change.)

§245.30.Distribution of Wages of Work Program Participants.

(a)

(No change.)

(b)

Distribution of funds shall be reported in accordance with Federal Guidelines, with a copy forwarded to the Private Sector Prison Industries Oversight Authority through the Authority staff [ PIE Program Specialist ].

(1)

Distribution of funds shall be reported in the format designated by the Bureau of Justice Assistance.

(2)

The report shall be completed and forwarded on a quarterly basis using the calendar year (January I through December 31). The report shall be submitted not later than the tenth working day following the end of the quarter.

(c)

(No change.)

(d)

Authority staff [ The PIE Program Specialist ] shall compile a combined report reflecting all cost accounting centers and shall attach all backup reports. The report shall be forwarded to the Authority for review and a copy forwarded to the Bureau of Justice Assistance or designee.

(e)

(No change.)

§245.40.Recidivism Studies.

(a)

Agencies/entities sponsoring a private sector prison industry under the oversight of the Private Sector Prison Industries Oversight Authority [ (the Authority) ] shall, upon request of the Criminal Justice Policy Council (CJPC), provide information regarding the employment status of offender participants in the Private Sector Prison Industries Program that have been released under supervision.

(1)

(No change.)

(2)

Upon being notified of the request of the CJPC by the Chairman of the Oversight Authority, Authority staff [ the PIE Program Specialist ] shall advise the participating agencies/entities of the specific information being requested.

(b)

Authority staff [ The PIE Program Specialist ] shall forward the requested information from the participating agencies/entities to the CJPC upon receipt.

§245.41.Program Compliance.

(a)

Agencies/entities shall develop policies and procedures and an audit plan to monitor their specific cost accounting centers for compliance with State and Federal law and guidelines.

(1)

Compliance monitoring reports, including a proposed corrective action plan for areas of non-compliance, shall be submitted to the Private Sector Prison Industries Oversight Authority [ (the Authority) ] through the Authority staff [ the PIE Program Specialist ].

(2)

The Authority shall review the reports and determine the appropriateness of the indicated corrective action plan. Significant or continuing non-compliance may result in the un-designation of the cost accounting center.

(b)

Additionally, participating agencies/entities shall submit the following documentation.

(1)

Quarterly - Utilizing a Calendar Year (January to December).

(A)

Facilities and industry partners shall submit the PIE Quarterly Statistical Report to their responsible agency/entity. The agency/entity shall review the report for accuracy and forward it to the Authority staff [ PIE Program Specialist ] by the tenth working day of the end of the quarter.

(B)

Authority staff [ The PIE Program Specialist ] shall review the report for completeness and accuracy, and produce a combined report of all cost accounting centers. The combined report shall be forwarded to the Authority and Bureau of Justice Assistance.

(2)

Annually - As Determined by the Oversight Authority.

(A)

Agencies/entities, facilities and industry partners shall submit prevailing wage verification information, as required by §245.21 of this title (relating to Prevailing Wages and Non-displacement of Workers), to the Authority, through Authority staff the [ PIE Program Specialist ], within thirty working days of notification.

(B)

Participating agencies/entities, facilities and industry partners shall submit proof of worker's compensation or equivalent, coverage to the Authority through the Authority staff [the PIE Program Specialist ] within ten working days of notification.

§245.43.Public Access to Speak Before the Authority.

(a)

The Oversight Authority shall provide a time, at every public meeting and shown on the agenda appearing in the Texas Register, to receive public comments.

(b)

Persons wishing to appear before the Authority to speak on issues under the jurisdiction of the Authority shall complete a request, designed for this purpose and made available at the entrance to the meeting area, and give the request to the Authority staff prior to the conclusion of the meeting.

§245.45.Policymaking and Management Responsibilities.

(a)

Business requiring Authority action includes:

(1)

rulemaking, including adoption of memoranda of understanding with other agencies where necessary;

(2)

approval of budgets relating to the Private Sector Prison Industries Oversight Account;

(3)

appointment of advisory committees;

(4)

designation and un-designation of cost accounting centers.

(b)

The authority to organize. manage, and supervise the daily operations of the business of the Authority is delegated to the management staff of the Authority. In carrying out this delegated authority, staff shall ensure adherence to all applicable statutes, rules, guidelines and regulations governing the Authority and the Private Sector Prison Industries Enhancement Program.

§245.47.Removal Provisions.

(a)

It is ground for removal from the Authority that a member:

(1)

does not have, at the time of taking office, the qualifications required by Texas Government Code, §497.052 (a);

(2)

does not maintain. during service on the Authority, the qualifications required by Texas Government Code, §497.052 (a);

(3)

is ineligible for membership under Texas Government Code, §497.052 (d) or §497.0521 (b) or (c);

(4)

cannot, because of illness or disability. discharge the member's duties for a substantial part of the member's term; or

(5)

is absent for more than half of the regularly scheduled Authority meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the Authority.

(b)

If the management staff of the Authority has knowledge that a potential ground for removal exists, the management staff of the Authority shall notify the Presiding Officer, in writing, of the potential ground. The Presiding Officer shall then notify the Governor and the Attorney General that a potential ground for removal exists.

(1)

If the potential ground for removal involves the Presiding Officer, the management staff of the Authority shall notify the next highest ranking Officer of the Authority who shall notify the Governor and the Attorney General that a potential ground for removal exists.

(2)

Members, absent for more than one half of the scheduled meetings shall submit in writing the reason for their absence to the Presiding Officer.

(3)

The Presiding Officer shall submit the member's excuse to the Authority for a vote either to excuse or not excuse the absences.

(c)

The management staff of the Authority shall provide to members of the Authority and to Agency employees, as often as necessary, information regarding the requirements for office or employment under this subchapter including, information regarding a person's responsibilities under applicable laws relating to standards of conduct for State Officers and employees.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 8, 2000.

TRD-200003198

Carl Reynolds

General Counsel

Private Sector Prison Industries Oversight Authority

Earliest possible date of adoption: June 18, 2000

For further information, please call: (512) 406-5750