The following procedures shall be used to select and designate area agencies on aging.
  (1) Eligible Entities. The Department shall provide opportunity for the following types of agencies to be designated as an area agency on aging;
    (A) an established office on aging which operates within a PSA;
    (B) any office or agency of a unit of general-purpose local government that is proposed by the chief elected official of the unit;
    (C) any office or agency proposed by the chief elected officials of a combination of units of general-purpose local government; or
    (D) any other public or private nonprofit agency, except any regional or local agency of the state.
  (2) Application Procedures. Applicants for area agency designation shall submit a written application to the Department no later than February 1 of the year of development of the state plan. The application shall include:
    (A) a description of the legal basis upon which the agency is organized;
    (B) an organizational description and chart of the agency;
    (C) a list of members serving on the governing board of the agency and the entities they represent;
    (D) job descriptions of those positions which the agency intends to staff;
    (E) a copy of the most current agency audit;
    (F) a copy of the agency's current approved financial plan; and
    (G) a narrative description of the agency's past relationships with agencies which are providing services to the elderly in their planning and service area.
  (3) Competing Applications. Any application for area agency designation which, if approved, would result in the replacement of an existing area agency or substantially impact upon the aging network within the PSA involved shall include:
    (A) written indication by resolution of 75% of the governing bodies of city and counties with the PSA involved;
    (B) documentation that existing services can be substantially improved through the proposed change in designation; and
    (C) assurance that no staff or board member of the agency has served on the staff or board of the existing area agency within the affected PSA, Department, or the Administration on Aging for a period of not less than two years prior to the date of notification of application.
  (4) On-Site Reviews. The local agency being considered for area agency designation shall provide an opportunity for on-site review and assessment by the Department to ensure that said agency has the capacity to perform the functions of an area agency. The on-site assessment shall include but not be limited to:
    (A) a review of the agency's administrative and fiscal management capability to conform with §254.3 of this title (relating to Support Documents);
    (B) a review of the agency's capability, through employment and retention of appropriate staff, to develop and administer an area plan for a comprehensive and coordinated system of services;
    (C) a review of the agency's capability to serve as the advocate and focal point for older Americans in the designated PSA involved; and,
    (D) a review of the agency's capability to furnish local financial resources and support as required by state and federal law.
  (5) Effective Dates of Designation. The Department shall designate an area agency in each PSA in which the Department decides to allocate funds under the Older Americans Act no later than March 31 of the year involved in the development of the state plan. Preference will be given to established area agencies and shall take into consideration the historical experience applicant agencies have had in coordinating, planning, and delivering services to the elderly.
  (6) Designated Area Agencies on Aging. The following is a listing, in alphabetical order, of area agencies which are currently designated in the State. Planning and service area number is indicated as follows:
    (A) Alamo Area Agency on Aging (18A);
    (B) Ark-Tex Area Agency on Aging (05);
    (C) Bexar Area Agency on Aging (18B);
    (D) Brazos Valley Area Agency on Aging (13);
    (E) Capital Area Agency on Aging (12);
    (F) Central Texas Area Agency on Aging (23);
    (G) Coastal Bend Area Agency on Aging (20);
    (H) Concho Valley Area Agency on Aging (10);
    (I) Dallas County Area Agency on Aging (04B);
    (J) Deep East Texas Area Agency on Aging (14);
    (K) East Texas Area Agency on Aging (06);
    (L) Golden Crescent Area Agency on Aging (17);
    (M) Harris County Area Agency on Aging (16B);
    (N) Heart of Texas Area Agency on Aging (11);
    (O) Houston-Galveston Area Agency on Aging (16A);
    (P) Lower Rio Grande Valley Area Agency on Aging (21);
    (Q) Middle Rio Grande Area Agency on Aging (24);
    (R) North Central Texas Area Agency on Aging (04A);
    (S) North Texas Area Agency on Aging (03);
    (T) Panhandle Area Agency on Aging (01);
    (U) Permian Basin Area Agency on Aging (09);
    (V) Rio Grande Area Agency on Aging (08);
    (W) South East Texas Area Agency on Aging (15);
    (X) South Plains Area Agency on Aging (02);
    (Y) South Texas Area Agency on Aging (19);
    (Z) Tarrant County Area Agency on Aging (04C);
    (AA) Texoma Area Agency on Aging (22); and
    (BB) West Central Texas Area Agency on Aging (07).

Source Note: The provisions of this §213.3 adopted to be effective August 10, 1994, 19 TexReg 5851; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842; transferred effective June 15, 2021, as published in the May 28, 2021 issue of the Texas Register, 46 TexReg 3421