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.