IMF C.S.S.B. 1059 75(R)BILL ANALYSIS


STATE AFFAIRS
C.S.S.B. 1059
By: Moncrief 
5-20-97
Committee Report (Substituted)


BACKGROUND

Currently, state law providing access to certain technology-based
equipment that uses information technology is limited.  Some state
agencies may be concerned that employees with visual impairments may not
have the training needed to proficiently use information technology.  This
bill provides access to training for employees with visual impairments on
equipment that uses information technology and sets forth certain public
access provisions to information technology used in dissemination of
services to the public. 

PURPOSE

As proposed, C.S.S.B. 1059 provides access for employees with visual
impairments to equipment that uses information technology, and sets forth
certain public access provisions to information technology used in
dissemination of services to the public. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 10B, Government Code, by adding Chapter 2055, as
follows: 

CHAPTER 2055.  ACCESS TO INFORMATION TECHNOLOGY BY BLIND AND
VISUALLY IMPAIRED INDIVIDUALS

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 2055.001.  DEFINITIONS.  Defines "blind," "information technology,"
"state agency," and "visually impaired." 

Sec. 2055.002.  ACCESS BY EMPLOYEES AND STUDENTS.  Requires the head of a
state agency or state-funded program to ensure that information technology
equipment and software used by employees or students, subject to Section
2055.012, meets certain requirements.  Provides that nothing in this
section requires the installation of specific nonvisual access software or
peripheral devices at a workstation during any period of time in which the
individual using the equipment does not require nonvisual access.
Requires the applications programs and underlying operating systems used
to manipulate and present workstation information to permit the
installation and effective use of nonvisual access software and peripheral
devices, notwithstanding the provisions of Subsection (b). 

Sec. 2055.003.  PUBLIC ACCESS.  Requires the head of a state agency or
state-funded program to ensure that information technology used in the
dissemination of services to the public, subject to Section 2055.012,
provides certain access to the equipment. 

SUBCHAPTER B.  PROCUREMENT REQUIREMENTS

Sec. 2055.011.  TECHNOLOGY ACCESS CLAUSE.  Requires the General Services
Commission and the Department of Information Resources, in consultation
with other state agencies and after public comment, to develop a
technology access clause to be included in all contracts entered into by
the state or state agencies.  Sets forth requirements of the clause, as a
condition for the expenditure of state funds in the purchase of
information technology. 

Sec. 2055.012.  EXISTING SYSTEMS.  Requires compliance with Sections
2055.002 and 2055.003 to be achieve at the time of the procurement of an
upgrade or replacement of the existing equipment or software.  

SECTION 2. Requires the General Services Commission to develop a
technology access clause as required by Section 2055.011, Government Code,
by January 1, 1998. 

SECTION 3. Emergency clause.  Effective date:  upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. 

The substitute changes the heading and body of Sec. 2055.002. to change
"program participants" to "students."  The original referred to program
participants, including students 

In Sec. 2055.011(a) the substitute removes "state funded programs" from
the requirement of including the technology access clause in contracts.