(a) The Department annually shall determine:
  (1) the total amount of money available for grants under this subchapter;
  (2) the number of residents at least 60 years of age in this state, according to the most recent federal decennial census; and
  (3) the number of residents at least 60 years of age in each county in this state, according to the most recent federal decennial census.
(b) Subject to §1.953 of this title (relating to County Grant Required) and subsection (d) of this section, the Department shall make grants in an amount equal to one dollar for each meal that each Approved Organization delivered to Homebound Elderly persons or persons with a Disability in the county in the preceding State Fiscal Year that was not Fully Funded.
(c) The Department shall make grant award not later than February 1 of each calendar year to each Approved Organization. Fifty percent (50%) of such grant awarded shall be allocated and distributed to each Approved Organization on or before February 1 of each calendar year. The remaining fifty percent (50%) of such grant award shall be allocated and distributed to each Approved Organization on or before August 1 of each calendar year. Notwithstanding any other provision of this subchapter, the Department may deny, revoke, suspend, or withhold a grant award for misuse of grant funds, or failure to comply with any requirement or section of this subchapter, including, without limitation, failure to:
  (1) have or utilize adequate intake processes and/or procedures, including intake forms, to qualify individuals as eligible for assistance in accordance with this subchapter;
  (2) keep and maintain adequate client records, by county, that identify the names, addresses, and telephone numbers of all individuals qualified as homebound or disabled individuals eligible under this subchapter;
  (3) keep and maintain adequate records that support the total number of home-delivered meals an Approved Organization claims it delivers to homebound or disabled individuals eligible for assistance under this subchapter;
  (4) keep and maintain adequate records that support the total number of home-delivered meals an Approved Organization claims it delivers in support of its application;
  (5) keep and maintain adequate records that document meals delivered under this subchapter with identifying information on the recipient of each meal;
  (6) keep and maintain an accounting system and records in accordance with Generally Accepted Accounting Principals;
  (7) obtain and comply with all health and other permits required under this subchapter, including failure to keep and maintain adequate records pertaining to such health and other permits;
  (8) obtain a county grant as required by this subchapter, including failure to keep and maintain adequate records pertaining to such county grant;
  (9) have a dietary consultant review the dietary content of all menus or meal plans for all meals delivered by an Approved Organization with grant funds awarded under this subchapter, to ensure that those meals meet the Registered Dietary Allowance or Dietary Reference Intakes as required by this subchapter, including failure to keep and maintain adequate records pertaining to such registered dietician, such as name, address, and telephone number;
  (10) keep and maintain a bank account in the name of the Approved Organization, including failure to keep and maintain adequate records pertaining to such bank account; or
  (11) keep and maintain adequate records of all expenses that an Approved Organization claims are allowable expenses under this subchapter.
(d) Except as provided by §1.953 of this title, and subsections (b) and (f) of this section, grants from the Department to Approved Organizations in a county in a State Fiscal Year may not exceed an amount determined by the following formula: CR x (TD/SR), where "CR" is the number of residents at least 60 years of age in the county; "TD" is the total amount of money appropriated to the Department for that State Fiscal Year to make grants, less the Department's administrative expenses; and "SR" is the number of residents at least 60 years of age in this state.
(e) If more than one "Approved Organization" delivers meals in a county, the Department shall reduce the grants proportionally to each qualifying organization in that county so that the total amount of the grants to the organizations does not exceed the amount described by subsection (d) of this section.
(f) If the total amount of the grants made statewide by the Department under subsection (b) of this section is less than the amount appropriated to fund the program under this section in a State Fiscal Year, the Department shall use the unspent funds to proportionally increase the grants to each Approved Organization.
(g) The Department may use up to five percent of the appropriated funds for administration of the program.

Source Note: The provisions of this §1.952 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861