|
House Bill 2819 |
House Author: Rose et al. |
|
Effective: 9-1-05 |
Senate Sponsor: Madla |
House Bill 2819 amends the Government Code to require each state agency, in developing, procuring, maintaining, or using electronic and information resources, to ensure that state employees with disabilities have access to and use of those resources comparable to that available to state employees without disabilities. Similarly, it requires each state agency to provide disabled members of the public who are seeking agency information or services with access to and use of such resources comparable to that available to members of the public without disabilities. An exception applies, in each case, if compliance imposes a significant difficulty or expense on the agency, in which case the agency may pursue an alternative access method. The agency's executive director determines whether the exception applies, and that determination cannot be appealed. The bill elaborates on the extent of the new requirements and specifies certain other exceptions. It does not create a cause of action and does not add to federal requirements under the Americans with Disabilities Act of 1990. The bill requires the Department of Information Resources (DIR) to adopt rules relating to implementation, emerging technologies and available commercial products relevant to the new law, compliance training and technical assistance, the development and monitoring of agency websites for accessibility to the disabled, an annual survey of agencies regarding electronic and information resources, state agency reporting requirements, the exceptions that apply in the case of agency difficulty or expense, and the exemption of agencies from the new requirements in other special circumstances. In developing implementation rules, the DIR must consider specified federal regulations. The bill requires the DIR to develop a process by which the public may provide information on compliance with the new law. It repeals certain predecessor law relating to the inclusion of a technology access clause in state agency computer acquisition contracts.