By Naishtat                                     H.B. No. 2619

      75R6522 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of the Advisory Board of Information

 1-3     Technology for the Blind and the accessibility of information

 1-4     technology by the blind.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Title 5, Human Resources Code, is amended by

 1-7     adding Chapter 95 to read as follows:

 1-8              CHAPTER 95.  INFORMATION TECHNOLOGY FOR THE BLIND

 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS

1-10           Sec. 95.001.  DEFINITIONS.  In this chapter:

1-11                 (1)  "Blind" means a person having not more than 20/200

1-12     visual acuity in the better eye with correcting lenses or visual

1-13     acuity greater than 20/200 but with a limitation in the field of

1-14     vision such that the widest diameter of the visual field subtends

1-15     an angle no greater than 20 degrees.

1-16                 (2)  "Board" means the Advisory Board of Information

1-17     Technology for the Blind.

1-18                 (3)  "Information resources technology" means data

1-19     processing and telecommunications hardware, software, services,

1-20     supplies, personnel, facility resources, maintenance, and training.

1-21                 (4)  "State agency" means a department, commission,

1-22     board, office, council, or other agency in the executive or

1-23     judicial branch of state government that is created by the

1-24     constitution or a statute of this state, including a university

 2-1     system or an institution of higher education as defined by Section

 2-2     61.003, Education Code.

 2-3           Sec. 95.002.  LEGISLATIVE FINDINGS; INTENT.  (a)  The

 2-4     legislature finds that:

 2-5                 (1)  the advent of the information age throughout the

 2-6     United States and around the world has resulted in changes in

 2-7     information resources technology;

 2-8                 (2)  the use of interactive visual display terminals by

 2-9     state agencies is becoming a widespread means of access for

2-10     employees of these agencies and the public to obtain information;

2-11                 (3)  nonvisual access to information resources

2-12     technology has been overlooked by state agencies in the purchasing

2-13     and use of information resources technology;

2-14                 (4)  the presentation of electronic data in only a

2-15     visual format prevents the blind from participating in many

2-16     programs offered by state agencies through the use of information

2-17     resources  technology;

2-18                 (5)  alternatives have been created to provide for the

2-19     access of information resources technology by visual and nonvisual

2-20     means; and

2-21                 (6)  the state has the goal of obtaining and using the

2-22     most advanced forms of information resources technology to provide

2-23     universal access to all persons in the state.

2-24           (b)  It is the policy of this state to provide the blind with

2-25     complete access to all programs offered by state agencies to state

2-26     employees and the public.

2-27               (Sections 95.003-95.020 reserved for expansion

 3-1           SUBCHAPTER B.  ADVISORY BOARD OF INFORMATION TECHNOLOGY

 3-2                                FOR THE BLIND

 3-3           Sec. 95.021.  COMPOSITION OF BOARD; TERMS.  (a)  The Advisory

 3-4     Board of  Information Technology for the Blind is composed of:

 3-5                 (1)  three public members who are blind, appointed by

 3-6     the governor; and

 3-7                 (2)  two ex officio members appointed by the governor

 3-8     from the following list:

 3-9                       (A)  the executive director of the Texas

3-10     Workforce Commission or the executive director's designee;

3-11                       (B)  the executive director of the Texas

3-12     Commission for the Blind or the executive director's designee;

3-13                       (C)  the executive director of the General

3-14     Services Commission or the executive director's designee; and

3-15                       (D)  the executive director of the Department of

3-16     Information Resources or the executive director's designee.

3-17           (b)  The public members of the board serve staggered terms of

3-18     six years with the term of one-third of the members expiring

3-19     February 1 of each odd-numbered year.  The ex officio members serve

3-20     staggered terms of two years with the term of one ex officio member

3-21     expiring February 1 of each year.

3-22           Sec. 95.022.  OFFICERS.  The board shall select a presiding

3-23     officer from among the public members of the board and an assistant

3-24     presiding officer from among the ex officio members of the board.

3-25           Sec. 95.023.  VACANCY.  The governor shall appoint a board

3-26     member to fill a vacancy under the same procedure that applied to

3-27     the original appointment for that position.

 4-1           Sec. 95.024.  COMPENSATION.  A member of the board is not

 4-2     entitled to compensation but is entitled to reimbursement from

 4-3     board funds for the travel expenses incurred by the member while

 4-4     conducting the business of the board, as provided in the General

 4-5     Appropriations Act.

 4-6           Sec. 95.025.  POWERS AND DUTIES.  The board shall:

 4-7                 (1)  establish general performance standards for

 4-8     information resources technologies designed to provide the blind

 4-9     with equivalent access to visual display devices;

4-10                 (2)  recommend procurement specifications for

4-11     information resources technologies based on the general performance

4-12     standards developed by the board;

4-13                 (3)  research and provide information to state agencies

4-14     regarding information technology that is accessible to the blind;

4-15                 (4)  in cooperation with the General Services

4-16     Commission and the Department of Information Resources, develop a

4-17     technology access clause under Section 2054.051, Government Code;

4-18     and

4-19                 (5)  evaluate specific information resources

4-20     technologies and report to the Department of Information Resources

4-21     on the quality of the technology to enable the Department of

4-22     Information Resources to develop a state strategic plan under

4-23     Section 2054.092, Government Code.

4-24           SECTION 2.  Section 2054.051, Government Code, is amended by

4-25     adding Subsection (f) to read as follows:

4-26           (f)  The department shall, in cooperation with the  General

4-27     Services Commission and the Advisory Board of Information

 5-1     Technology for the Blind, develop a technology access clause for

 5-2     use in contracts for the purchase of information resources

 5-3     technologies.  The technology access clause must require state

 5-4     agencies to provide visual and nonvisual access to any new or

 5-5     replacement information resources technologies purchased.

 5-6           SECTION 3.  Section 2054.092, Government Code, is amended to

 5-7     read as follows:

 5-8           Sec. 2054.092. CONTENT OF STATE STRATEGIC PLAN.  The state

 5-9     strategic plan must:

5-10                 (1)  provide a strategic direction for information

5-11     resources management in state government for the five fiscal years

5-12     following adoption of the plan;

5-13                 (2)  provide guidance to state agencies in the

5-14     development of the agency strategic plans;

5-15                 (3)  establish goals and objectives relating to

5-16     information resources management;

5-17                 (4)  provide long-range policy guidelines for

5-18     information resources in state government, including the

5-19     implementation of national and international standards for

5-20     information resources technologies and the acquisition of

5-21     information resources technologies that provide visual and

5-22     nonvisual access to state employees and members of the public;

5-23                 (5)  identify major issues relating to improved

5-24     information resources management, including the identification of

5-25     needed procurement policy initiatives to encourage competition

5-26     between providers of information resources technologies; and

5-27                 (6)  identify priorities for the implementation of

 6-1     information resources technologies according to the relative

 6-2     economic and social impact on the state.

 6-3           SECTION 4.  Section 2054.096, Government Code, is amended to

 6-4     read as follows:

 6-5           Sec. 2054.096. CONTENT OF AGENCY STRATEGIC PLAN. Each agency

 6-6     strategic plan must be consistent with the state strategic plan and

 6-7     include:

 6-8                 (1)  a statement of the state agency's goals,

 6-9     objectives, and programs as found in the agency's legislative

6-10     appropriations request;

6-11                 (2)  a description of the agency's major data bases and

6-12     their applications;

6-13                 (3)  a description of the agency's information

6-14     resources management organizations, policies, and practices;

6-15                 (4)  a description of interagency computer networks in

6-16     which the agency participates;

6-17                 (5)  a statement of the strategic objectives of the

6-18     agency relating to information resources management for the next

6-19     five fiscal years, beginning with the fiscal year during which the

6-20     plan is submitted, with a description of how those objectives help

6-21     achieve the agency's programs and goals, and a description of how

6-22     those objectives support and promote the goals and policies of the

6-23     state strategic plan;  [and]

6-24                 (6)  a description of the agency's efforts to ensure

6-25     that the agency's information resources technologies are accessible

6-26     by visual and nonvisual means; and

6-27                 (7)  other planning components that the department may

 7-1     prescribe.

 7-2           SECTION 5.  Subchapter F, Chapter 2054, Government Code, is

 7-3     amended by adding Section 2054.120 to read as follows:

 7-4           Sec. 2054.120.  ACCESS TO INFORMATION TECHNOLOGY BY THE

 7-5     BLIND.  (a)  A state agency shall develop or acquire information

 7-6     resources that present information to the agency's employees and

 7-7     the public using visual and nonvisual methods of presentation.

 7-8           (b)  A state agency shall provide state employees who are

 7-9     blind with information resources that provide nonvisual access and

7-10     allow the user to integrate into information resources used by

7-11     other state employees.

7-12           (c)  This section does not require a state agency to install

7-13     specific nonvisual access information resources equipment in an

7-14     area used by a state employee who does not require the use of the

7-15     nonvisual access information resources equipment.

7-16           SECTION 6.  (a)  This Act takes effect September 1, 1997.

7-17           (b)  As soon as possible after the effective date of this

7-18     Act, the governor shall appoint the initial members to the Advisory

7-19     Board of Information Technology for the Blind.  In making the

7-20     initial appointment of the public members of the board, the

7-21     governor shall designate one member for a term expiring February 1,

7-22     1999, one member for a term expiring February 1, 2001, and one

7-23     member for a term expiring February 1, 2003.  In making the initial

7-24     appointment of the ex officio members of the board, the governor

7-25     shall designate one member for a term expiring February 1, 1999,

7-26     and one member for a term expiring February 1, 2000.

7-27           SECTION 7.  The importance of this legislation and the

 8-1     crowded condition of the calendars in both houses create an

 8-2     emergency and an imperative public necessity that the

 8-3     constitutional rule requiring bills to be read on three several

 8-4     days in each house be suspended, and this rule is hereby suspended.