TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 9. TEXAS DEPARTMENT ON AGING

Chapter 253. STATE AGING PLAN

The Texas Department on Aging proposes the repeal and replacement of §253.3, concerning State Aging Plan. The Texas Board on Aging requested a committee be formed to review the current formula and to determine any impact following the reauthorization of the Older Americans Act and the new census data. The committee recommended some changes to the current formula and added a rural factor. The rule was presented to the Texas Board on Aging during their May meeting and was approved for publication in the Texas Register .

Barbara Zimmerman, Chief Fiscal Officer has determined that for the first five-year period the repeal and new section are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal and new section.

Ms. Zimmerman also has determined that for each year of the first five years the repeal and new section are in effect the public benefit anticipated as a result of enforcing the rule will be an updated rule. There will be no effect on small or micro businesses. There will be no effect to individuals required to comply with the section as proposed.

Comments on the repeal and new rule may be submitted to Gary Jessee, Director of the Office of AAA Support and Operations, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. All comments must be written and delivered via mail, in person, or facsimile. E-mail and verbal comments cannot be accepted. All comments must be received within 30 calendar days following the date of publication of the proposed repeal and new rule in the Texas Register .

40 TAC §253.3

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department on Aging or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under Texas Government Code, §2161.003, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department.

Texas Government Code, §2161.003 is affected and implemented by this proposed action.

§253.3.Funding Allocation Formula for Title III Programs and Area Agencies on Aging.

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 20, 2002.

TRD-200203081

Gary Jessee

Director of the Office of AAA Support and Operations

Texas Department on Aging

Earliest possible date of adoption: June 30, 2002

For further information, please call: (512) 424-6857


40 TAC §253.3

The new rule is proposed under Texas Government Code, §2161.003, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department.

Texas Government Code, §2161.003 is affected and implemented by this proposed action.

§253.3.Area Agency on Aging Funding Allocation Formula for Older Americans Act Programs.

(a) Goal of the Formula: The goal of this formula is to distribute funding in an equitable manner based upon the most current population projections of the Texas State Data Center; and in so doing clearly meet the assurances contained in the Older Americans Act of 1965, as amended, §305(a)(2)(E), as it relates to targeting.

(b) Area Agency on Aging State General Revenue Base. Each area agency on aging will be allocated a base amount of $60,000.

(c) Area Agency on Aging Administration Base. In accordance with the Older Americans Act, an administration pool comprised of 10% of the federal allocation of funds to area agencies on aging will be established. Of this amount, each area agency on aging will be allocated no less than $85,000.

(d) Area Agency on Aging Supportive Services Base. Each area agency on aging will be allocated a base amount of $115,000 for Title III Supportive Services.

(e) Area Agency on Aging Nutrition Services Base. Each area agency on aging will be allocated a base amount of $100,000 for Title III Nutrition Services.

(f) Area Agency on Aging Rural Allocation. The rural allocation factor is based upon a three part formula:

(1) area agencies on aging whose population density factor exceeds the statewide average persons aged 60 and over per square mile will receive no rural allocation;

(2) area agencies on aging with a population density factor of fifty percent of the statewide average up to the statewide average of persons aged 60 and over per square mile will receive a rural allocation of $15,000; and

(3) area agencies on aging with a population density factor of less than fifty percent of the statewide average persons aged 60 and over per square mile will receive a rural allocation of $30,000.

(g) Allocation of Remaining Funds. All remaining funds, excluding Title VII Ombudsman Activity Grant, will be allocated in accordance with the following formula of weighted factors:

(1) total area agency on aging region's population aged 60 and over, weighted at 40%;

(2) total area agency on aging region's population aged 60 and over who are minorities, weighted at 10%; and

(3) total area agency on aging region's population aged 60 and over who are living on incomes below the poverty level, weighted at 50%.

(h) Allocation of Title VII Ombudsman Activity Grant (effective federal fiscal year 2004): Each area agency on aging will be allocated a base amount of $3,000. Remaining funds will be allocated based on the following factors:

(1) number of licensed nursing facility beds based upon the most recent Texas Department of Human Services Long-term Care Regulatory Facility Report for the prior state fiscal year, weighted at 50%;

(2) number of licensed assisted living facilities based upon the most recent Texas Department of Human Services Long-term Care Regulatory Facility Report for the prior state fiscal year, weighted at 25%; and

(3) number of certified volunteer Ombudsmen based upon the Texas Department on Aging Active Volunteer Ombudsman Report for the prior state fiscal year, weighted at 25%.

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 20, 2002.

TRD-200203082

Gary Jessee

Director of the Office of AAA Support and Operations

Texas Department on Aging

Earliest possible date of adoption: June 30, 2002

For further information, please call: (512) 424-6857