CONTRACTS WITH PRIVATE BUSINESS

(a) To encourage the development and expansion of prison industries, the prison industries office may enter into necessary contracts related to the prison industries program. (b) With the approval of the board, the office may enter into a contract with a private business to conduct a program on or off property operated by the department. Except as provided by Subsection (c), a contract entered into under this section must comply with all requirements of the Private Sector/Prison Industry Enhancement Certification Program operated by the Bureau of Justice Assistance and authorized by 18 U.S.C. Section 1761. In determining under Section 497.062 the number of participants participating in private sector prison industries programs, the department shall count the number of work program participants participating in a program under a contract entered into under this section. Not more than 700 work program participants may participate in programs under contracts entered into under this subsection. (c) A contract for the provision of services under this section must: (1) be certified by the board as complying with all requirements of the Private Sector/Prison Industry Enhancement Certification Program operated by the Bureau of Justice Assistance and authorized by 18 U.S.C. Section 1761, other than a requirement relating to the payment of prevailing wages, so long as the contract requires payment of not less than the federal minimum wage; (2) be certified by the board, under rules adopted under Section 497.059, that the contract would not cause the loss of existing jobs of a specific type provided by any employer in this state; and (3) be approved by the board. (d) Not more than 500 work program participants may participate in programs under contracts entered into under Subsection (c). (e) Section 497.058 does not apply to the payment of a work program participant participating in a program under a contract described by Subsection (c).