1. (a) Allocation to CEs. TDA uses a "60/40" formula to allocate entitlement to CEs. The formula is based 60% on the number of persons in a county who have incomes at or below the official poverty line, and 40% on the number of unemployed persons.

   1. (1) TDA has the discretion to allocate entitlement by another method, such as according to historical or projected usage rates (the number of meals and/or households served).
   2. (2) TDA may reserve an amount of administrative funds, as necessary, to add new CEs during a contract year.
   3. (3) TDA determines service areas and allocates USDA Foods to CEs that serve within each service area.
   4. (4) TDA reserves the right to contract with and allocate entitlement to any type of EFO to ensure the availability of TEFAP to all persons and households according to service areas.
2. (b) Allocation to sub-agencies. CEs' allocations to eligible sub-agencies are subject to TDA's review and approval. CEs must allocate a share of USDA Foods to sub-agencies according to the priorities specified by agreements.

3. (c) Distribution to recipients. Sub-agencies' distribution times and methods are subject to TDA or a CE's review and approval.

   1. (1) Sub-agencies must distribute foods at least monthly unless TDA grants an exception to the sub-agency to provide distribution less frequently.
   2. (2) TDA recommends distribution on a first come, first served basis.

4. (d) Distribution quantities. A CE or sub-agency may determine the quantity of USDA Foods to be included in congregate meals and in household distribution. The quantity provided to each participant is subject to TDA or a CE's review and approval.

   1. (1) Congregate meals. The quantity of USDA Foods in congregate meals is based on the following considerations:

      1. (A) Available resources;
      2. (B) The days and hours of operation;
      3. (C) The number of people requesting meals;
      4. (D) The customary size of food portions served to adults or to categories of people with special nutritional needs; and
      5. (E) Other factors.

   2. (2) Households. The quantity of USDA Foods in food packages is based on the following considerations:

      1. (A) Available resources;
      2. (B) The days and hours of operation;
      3. (C) The number of households requesting USDA Foods;
      4. (D) Household size; and
      5. (E) Other factors.

Source Note:The provisions of this §26.108 adopted to be effective April 15, 2019, 44 TexReg 1839.