SECTION 213.1. Designation of Planning and Service Areas

The Texas Department on Aging develops and maintains the aging services network by designation of planning and service areas and area agencies on aging.

(1) Application for designation to become a planning and service area. The Department provides an opportunity to any unit of general-purpose local government or Indian reservation to apply to be designated as a PSA. The State may designate as a planning and service area any unit of general-purpose local government which has a population of 100,000 or more. In any case in which a unit of general-purpose local government makes application to the State agency under this part to be designated a planning and service area, the State agency shall, upon request, provide an opportunity for a public hearing on such application to such unit of general-purpose local government. Public agencies of units of general-purpose local government shall have the right of first refusal for new area agency on aging designation, where the boundaries of the unit of general-purpose local government and the boundaries of the planning and service area are reasonably contiguous.

(2) Submission requirements. Applicants for PSA designation shall submit a written application to the Department no later than October 1 of the year preceding development of the State Plan. The application will include the following:

(A) the distribution of persons age 60 and older within the proposed PSA in relation to those other counties within the State regional planning area involved delineating those persons age 60 and older with the greatest economic need and greatest social need;

(B) a narrative and statistical description of the incidence of need for services supported by the Older Americans Act in the proposed PSA;

(C) a list of agencies providing services supported by the Older Americans Act in the proposed PSA;

(D) written evidence of approval by resolution of 75% of the general-purpose local government unit and other pictorial information depicting, at a minimum, the state-delineated regional planning areas, Indian reservations, existing economic development district boundaries and areas, boundaries of the state-delineated health services area, and the Department of Human Resources district area;

(E) if the proposed PSA's boundaries are not contiguous with an existing designated state regional planning area, but is either a subdivision of or a combination of such areas, a narrative and statistical description shall address, as well, the basis of need for a PSA other than the regional planning areas involved;

(F) an applicant that is submitting an application for designation as an interstate PSA shall include the following:

(i) written indication of local interstate governmental agency support;

(ii) information as required in paragraph (2) of this subsection;

(iii) a list and description of those agencies providing aging services within the interstate area involved; and

(iv) description of particular local conditions that may affect the written conditions agreed upon by each State as required by federal regulations.

(3) Designation of planning and service area (PSA).

(A) A proposed PSA shall be coterminous with, a combination of, or a subdivision of State planning regions as delineated by the governor and authorized by Local Government Code, Chapter 391. A proposed PSA should not split an existing PSA.

(B) Existing PSAs shall continue to be designated unless the designation of another PSA is necessary for the assurance of the efficient and effective administration of the programs authorized by the Older Americans Act.

(C) The Texas Department on Aging (state agency) shall document the basis for its designation of each PSA.

(D) State procedures to provide due process to affected parties:

(i) the state agency shall provide notice of an action or proceeding to the affected area agencies on aging, grantee organizations and citizens advisory councils by certified mail;

(ii) the state agency shall provide in the notice the documentation for the need of the action or proceedings. The documentation will include:

(I) statutory authority for the action; and

(II) summary of projected impact of action on clients within service areas affected, and the anticipated improvements in service that will result from said action.

(iii) the state agency shall conduct a public hearing for the action or proceedings. The state agency shall:

(I) register participants at the hearing and tape record oral testimony presented; and

(II) receive a report consisting of a summary of all oral testimony received at the hearing, copies of all written testimony, and a list of names of all persons attending. The report on the hearing will be presented in a public meeting of the Board within 30 calendar days of the completion of the hearing.

(iv) the state agency shall request written comment from area agencies on aging, service providers, and older individuals on the action or proceedings;

(v) the state agency shall allow an appeal to the Assistant Secretary on Aging of the decision of the state agency on the action or proceedings; and

(vi) the state agency shall provide a plan for an orderly transition to ensure continuity in the provision of services to older persons in the PSA.

(E) Adversely affected parties involved in an action or proceeding described in subparagraph (D) of this paragraph may bring an appeal as provided in subparagraph (F) of this paragraph, relating to appeals to the Assistant Secretary on the basis of the following:

(i) the facts and merits of the matter that is the subject of the action or proceeding; or

(ii) procedural grounds.

(F) Appeals to the assistant secretary. The assistant secretary's decision on the appeal described in subparagraph (E) of this paragraph may affirm or set aside the decision of the State agency. If the Assistant Secretary on Aging sets aside the decision, the state agency shall nullify its action.

(4) Hearing procedures for applicants for Planning and Service Area designation.

(A) Right to a hearing. Any applicant for designation as a PSA whose application is denied by Department has a right to a hearing to appeal such denial.

(B) Request for hearing. A request for hearing must be in writing and must state with specificity the grounds upon which the Department's decision is appealed and all grounds upon which petitioner refutes the basis of Department's decision.

(i) The request must include:

(I) the dates of all relevant actions;

(II) the names of individuals or organizations involved in the action;

(III) a specific statement of any section of the Act or regulations believed to have been violated; and

(IV) a certified copy of the minutes or resolution in which the applicant's governing body requests a hearing and authorizes a person or persons to act in behalf of the agency or organization. The minutes or resolution shall indicate adoption by a majority of a quorum of the governing body of the agency or organization.

(ii) The request for hearing must be filed with the Department within 30 calendar days following petitioner's receipt of the notice of Department's decision.

(iii) The petitioner may submit written amendments to the request for hearing which must be received by the Department not less then ten calendar days prior to the hearing date.

(iv) The Department may require that additional information as to the basis for appeal be provided to the Department at any time prior to the hearing.

(C) Notice of Hearing.

(i) Upon receipt of a request for hearing, the Executive Director shall, within ten working days, set a date for the hearing.

(ii) The Department shall issue a written notice to the petitioner, which shall include:

(I) a statement of time, date, location, and nature of the hearing;

(II) a statement of the legal authority and nature of the hearing;

(III) a reference to the particular section of statutes, regulations and rules involved; and

(IV) a short and plain statement of the reasons for the decision that is being appealed and the evidence on which the decision was based.

(iii) If the Department is unable to state in detail the evidence and reasons for the decision at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, a more definite and detailed statement shall be furnished not less than three working days prior to the date set for the hearing.

(iv) Petitioner shall be given no less than ten working days notice of the scheduled hearing. Notice shall be sent by registered or certified mail, return receipt requested.

(D) Hearing examiner. The executive director shall select an impartial hearing examiner to preside at the hearing. The hearing examiner may not be an employee of Department, and the hearing examiner may be but is not required to be an attorney at law. The hearing examiner shall conduct the hearing in an orderly fashion and in accordance with the procedures outlined herein. It is the responsibility of the hearing examiner to fully consider information relevant to the complaint and to draft a fair proposed decision based on such information.

(E) Conduct of Hearing. The proceedings and conduct of the hearing shall follow the rules promulgated in 1 TAC Chapter 155, State Office of Administrative Hearing, Chapter 155, Rules of Procedure, et seq.

(F) Appeal to the Assistant Secretary, Administration on Aging, U.S. Department of Health and Human Services. Any petitioner whose appeal is denied by the Department may appeal to the Assistant Secretary on Aging. Such appeal shall be governed by the procedures outlined in the current 45 Code of Federal Regulations, Part 1321.

(5) Designated Planning and Service Areas. The following are the currently designated planning and service areas in which the Texas Department on Aging operates aging programs for the elderly.

(A) PSA 1: Armstrong, Briscoe, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donely, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Limpscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, and Wheeler counties.

(B) PSA 2: Bailey, Cochran, Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb, Lubbock, Lynn, Motley, Terry, and Yoakum counties.

(C) PSA 3: Archer, Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichita, Wilbarger, and Young counties.

(D) PSA 4a: Collin, Denton, Ellis, Erath, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, and Wise counties.

(E) PSA 4b: Dallas County.

(F) PSA 4c: Tarrant County.

(G) PSA 5: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus counties.

(H) PSA 6: Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt, and Wood counties.

(I) PSA 7: Brown, Callahan, Coleman, Comanche, Eastland, Fisher, Haskell, Jones, Kent, Knox, Mitchell, Nolan, Runnels, Scurry, Shackelford, Stephens, Stonewall, Taylor, and Throckmorton counties.

(J) PSA 8: Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, and Presidio counties.

(K) PSA 9: Andrews, Borden, Crane, Dawson, Ector, Gaines, Glasscock, Howard, Loving, Martin, Midland, Pecos, Reeves, Terrell, Upton, Ward, and Winkler counties.

(L) PSA 10: Coke, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Reagan, Schleicher, Sterling, Sutton, and Tom Green counties.

(M) PSA 11: Bosque, Falls, Freestone, Hill, Limestone, and McLennan counties.

(N) PSA 12: Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, Travis, and Williamson counties.

(O) PSA 13: Brazos, Burleson, Grimes, Leon, Madison, Robertson and Washington counties.

(P) PSA 14: Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, and Tyler counties.

(Q) PSA 15: Hardin, Jefferson, and Orange counties.

(R) PSA 16a: Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Liberty, Matagorda, Montgomery, Walker, Waller, and Wharton counties.

(S) PSA 16b: Harris County.

(T) PSA 17: Calhoun, Dewitt, Goliad, Gonzales, Jackson, Lavaca, and Victoria counties.

(U) PSA 18a: Atascosa, Bandera, Comal, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, Medina, and Wilson counties.

(V) PSA 18b: Bexar County.

(W) PSA 19: Jim Hogg, Starr, Webb, and Zapata counties.

(X) PSA 20: Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio, and San Patricio counties.

(Y) PSA 21: Cameron, Hidalgo, and Willacy counties.

(Z) PSA 22: Cooke, Fannin, and Grayson counties.

(AA) PSA 23: Bell, Coryell, Hamilton, Lampasas, Milam, Mills, and San Saba counties.

(BB) PSA 24: Dimmit, Edwards, Kinney, La Salle, Maverick, Real, Uvalde, Val Verde, and Zavala counties.

Source Note: The provisions of this §213.1 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