37 TAC § 154.2. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

(1) "Certificate Holder" is a governmental entity that has been certified by United States Department of Justice, Bureau of Justice Assistance (BJA) to administer a Prison Industry Enhancement (PIE) certification program.

(2) "Certification" is the designation by the BJA of a Prison Work Pilot Project pursuant to

18 U.S.C. §1761

(c) and other applicable federal and state laws.

(3) "Cost Accounting Center" (CAC) is a distinct goods production unit of a PIE certification program that is managed as a separate accounting entity under the authority of a certificate holder. All CACs shall operate in compliance with the provisions set forth in

18 U.S.C. §1761

(c).

(4) "Displacement" is the loss of employment in skills, crafts, or trades in which there is a surplus of available gainful labor in the state. Displacement may not result in a significant impairment to existing contracts. The term displacement as used in this definition includes all such prohibited activities, as well as the inappropriate transfer of private sector job functions to PIE certification program participants.

(5) "Fair Market Value" is the amount or rate that is equal to or greater than the average amount or rate paid by the state for the lease of substantially similar property.

(6) "Governmental Entity" is the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, and any county that operates a PIE certification program.

(7) "Locality" is the local workforce development area designated by the Texas Workforce Commission for the geographic area where the work will be performed.

(8) "Participant" is an offender employed by a PIE certification program.

(9) "Prevailing Wage" is a wage rate that is not less than that paid for work of a similar nature in the locality in which the work will be performed.

(10) "Private Sector Prison Industries Programs" is the term used by the state, which has the same meaning as the PIE certification program, as authorized by

18 U.S.C. §1761

(c).

(11) "United States Department of Justice, Bureau of Justice Assistance" is a federal agency, which certifies that local or state prison industry programs meet all the necessary requirements to sell prison-made goods in interstate commerce.