| (a) Purpose. This section establishes the requirements
for senior centers, a service provided under the Older Americans Act
and funded, in whole or in part, by DADS.
(b) Senior center services. As provided in the Older
Americans Act, §102(36), a senior center is a community facility
used for the organization and provision of a broad spectrum of services
for persons 60 years of age or older, which may include provision
of health (including mental health); social, nutritional, and educational
services; and the provision of facilities for recreational activities.
(c) Operations. A AAA must ensure that a service provider
of a senior center:
(1) complies with applicable local building codes and
ordinances and applicable state and federal laws, rules, and regulations
including the Americans with Disabilities Act and the Rehabilitation
Act of 1973, Section 504;
(2) establishes the senior center in an area central
to and easily accessible by program participants;
(3) conducts fire prevention inspections on a monthly
basis using a trained senior staff person or volunteer of the service
provider;
(4) posts a copy of the latest fire prevention inspection
report in a conspicuous place in the senior center and files the report
at the senior center for review by the AAA;
(5) keeps doors, outside stairs, and fire escapes free
from obstruction and in proper condition;
(6) has basic first aid supplies at the senior center
available and maintained, clearly marked, and accessible to all senior
center staff persons and program participants;
(7) has an adequate number of service center staff
persons available at the center, during the time the center is open
to the public, who are certified in:
(A) first aid;
(B) cardiopulmonary resuscitation; and
(C) operating an automatic external defibrillator,
if one is available; and
(8) develops written policies and procedures regarding
senior center operations and makes them available to senior center
staff persons and program participants.
(d) Political activity. A AAA must ensure that a service
provider does not:
(1) use a senior center for political campaigning except
in those instances where a representative from each political party
running in the campaign is given an equal opportunity to participate;
or
(2) distribute political materials at a senior center.
(e) Religious activities and prayer. A AAA must ensure
that a service provider does not:
(1) allow a prayer or other religious activity to be
officially sponsored, led, or organized by a senior center staff person
or volunteer; or
(2) prohibit a program participant from praying silently
or audibly at a senior center if the program participant so chooses.
(f) Inventory. A AAA must maintain an accurate inventory
of senior centers that were renovated, acquired, or constructed, in
whole or in part, with funds provided by DADS.
(g) Change in ownership or purpose of a senior center.
(1) A AAA must ensure that:
(A) a grantee of funds from DADS to purchase or construct
a senior center notifies the AAA, in writing, of the purchase or construction
of the center within 30 days after such purchase or completion; and
(B) a grantee of funds described in subparagraph (A)
of this paragraph and any successor owner of the senior center:
(i) notifies the AAA, in writing, of:
(I) a change in the ownership of the senior center;
or
(II) a change in the purpose of the senior center from
the purpose for which it was purchased or constructed; and
(ii) makes such notification 30 days before the change
described in clause (i) of this subparagraph.
(2) A AAA must notify DADS if, within 10 years after
purchase of or 20 years after completion of construction of a senior
center, either of the following occurs:
(A) the owner of a senior center ceases to be a public
or nonprofit private agency or organization; or
(B) there is a change in the purpose of the senior
center from the purpose for which it was purchased or constructed.
(3) The notice required by paragraph (2) of this subsection
must be in writing and be given to DADS within 10 days after a AAA
is notified of the occurrence.
(4) If, within 10 years after the purchase of a senior
center or 20 years after the completion of construction of a senior
center, either of the conditions described in paragraph (2) of this
subsection occurs, the United States Government is entitled to recover
from the owner of the senior center an amount to be determined by
the Older Americans Act, §312.
(h) Insurance. A AAA must ensure that the owner or
operator of a senior center maintains insurance coverage for total
replacement cost of the center and for the contents of a center funded
by DADS.
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| Source Note: The provisions of this §213.217 adopted to be effective September 1, 2008, 33 TexReg 7293; transferred effective November 15, 2020, as published in the Texas Register October 30, 2020, 45 TexReg 7721 |
