1. (a) Purpose. The purpose of this rule to establish a systematic process for selecting sites for construction of juvenile facilities.
2. (b) Applicability. Procedures herein do not apply when consideration in selection will include sites adjacent to or near existing facilities, contracted program sites or leased facilities.
3. (c) Sites should facilitate settings that provide safe and secure environments for staff and youth and provide reasonable protection for the public.
4. (d) When sites other than those adjacent to or near existing TYC facilities will be considered, the agency will select a site through a Request for Proposal (RFP) process unless otherwise directed by the TYC board or state legislature.

5. (e) Request for Proposals.

   1. (1) A RFP for the site selection of each facility to be owned and operated by TYC shall be prepared by staff selected by the executive director.
   2. (2) The RFP shall identify the minimum requirements for the site and improvements that are necessary to locate the facility described in the RFP or contemplated by TYC. The RFP shall include criteria to be used to evaluate the site and improvements.
   3. (3) RFPs for site selection will be based on population, projected by TYC staff for each area.
   4. (4) All government entities and private groups or individuals within an identified area will be encouraged to submit proposals. It is the responsibility of each proponent to obtain a copy of the RFP.

   5. (5) The general criteria in the RFP shall include, but not be limited to, the following general categories:

      1. (A) Availability of adequate, trained labor force that represents the cultural diversity of the youth served;
      2. (B) Availability of adequate, nearby medical facilities;
      3. (C) Availability of academic and educational support;
      4. (D) Availability of fire and police protection and service in the immediate area;
      5. (E) Location of the site in relation to existing facilities such as schools, churches, residential developments, etc.;
      6. (F) Suitability of site for ease of construction and cost effectiveness;
      7. (G) Availability of utilities to the site and accessibility of the site; and
      8. (H) Social impact and level of community support.

6. (f) Selection.

   1. (1) The executive director shall select a review committee composed of TYC staff. The board chair shall appoint one board member to chair the committee.
   2. (2) The review committee shall review all proposals received, evaluate the proposals based on the criteria stated in the RFPs, and shall rank proposals in preferential order.
   3. (3) The chair of the review committee will be responsible for presenting the results of the review to the TYC board.
   4. (4) Final site selection will be made by the board unless otherwise identified by the state 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.