By: Moncrief S.B. No. 1059 A BILL TO BE ENTITLED AN ACT 1-1 relating to access by blind and visually impaired individuals to 1-2 information technology. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle B, Title 10, Government Code, is amended 1-5 by adding Chapter 2055 to read as follows: 1-6 CHAPTER 2055. ACCESS TO INFORMATION TECHNOLOGY BY BLIND AND 1-7 VISUALLY IMPAIRED INDIVIDUALS 1-8 SUBCHAPTER A. GENERAL PROVISIONS 1-9 Sec. 2055.001. DEFINITIONS. In this chapter: 1-10 (1) "Blind" means a person having not more than 20/200 1-11 visual acuity in the better eye with correcting lenses or visual 1-12 acuity greater than 20/200 but with a limitation in the field of 1-13 vision such that the widest diameter of the visual field subtends 1-14 an angle no greater than 20 degrees. 1-15 (2) "Information technology" means the equipment and 1-16 software that are designed, built, operated, and maintained to 1-17 collect, record, process, store, retrieve, display, and transmit 1-18 information. 1-19 (3) "State agency" means a department, commission, 1-20 board, office, council, or other agency in the executive or 1-21 judicial branch of state government that is created by the 1-22 constitution or a statute of this state, including a university 1-23 system or institution of higher education as defined by Section 2-1 61.003, Education Code. 2-2 (4) "Visually impaired" means a person having not more 2-3 than 20/70 visual acuity in the better eye with correcting lenses 2-4 or visual acuity greater than 20/70 but with a limitation in the 2-5 field of vision such that the widest diameter of the visual field 2-6 subtends an angle no greater than 30 degrees. 2-7 Sec. 2055.002. ACCESS BY EMPLOYEES AND PROGRAM PARTICIPANTS. 2-8 (a) Subject to Section 2055.012, the head of a state agency shall 2-9 ensure that information technology equipment and software used by 2-10 employees or program participants, including students, who are 2-11 blind or visually impaired: 2-12 (1) can present information for effective, interactive 2-13 control and use by both visual and nonvisual means; 2-14 (2) is compatible with equipment and software used by 2-15 other individuals with whom the blind or visually impaired 2-16 individual must interact; and 2-17 (3) can be integrated into the network or networks 2-18 used to share communications among employees or program 2-19 participants. 2-20 (b) Nothing in this section requires the installation of 2-21 specific nonvisual access software or peripheral devices at a 2-22 workstation during any period of time in which the individual using 2-23 the equipment does not require nonvisual access. 2-24 (c) Notwithstanding the provisions of Subsection (b), the 2-25 applications programs and underlying operating systems, including 3-1 the format of the data, used for the manipulation and presentation 3-2 of information at all workstations shall permit the installation 3-3 and effective use of nonvisual access software and peripheral 3-4 devices. 3-5 Sec. 2055.003. PUBLIC ACCESS. Subject to Section 2055.012, 3-6 the head of a state agency shall ensure that information technology 3-7 used in the dissemination of services to the public: 3-8 (1) provides blind or visually impaired individuals 3-9 access, including interactive use of the equipment and services, 3-10 which is equivalent to that provided to individuals who are not 3-11 blind or visually impaired; and 3-12 (2) is designed to present information, including 3-13 prompts used for interactive communications, in formats intended 3-14 for both visual and nonvisual use. 3-15 (Sections 2055.004 to 2055.010 reserved for expansion 3-16 SUBCHAPTER B. PROCUREMENT REQUIREMENTS 3-17 Sec. 2055.011. TECHNOLOGY ACCESS CLAUSE. (a) The General 3-18 Services Commission and the Department of Information Resources, in 3-19 consultation with other state agencies and after public comment, 3-20 shall develop a technology access clause to be included in all 3-21 contracts entered into by the state, state agencies, or 3-22 state-funded programs. 3-23 (b) The clause shall clearly state, as a condition for the 3-24 expenditure of state funds in the purchase of information 3-25 technology, that the technology: 4-1 (1) will provide equivalent access for effective use 4-2 by both visual and nonvisual means; 4-3 (2) will present information, including prompts used 4-4 for interactive communications, in formats intended for both visual 4-5 and nonvisual use; and 4-6 (3) can be integrated into networks for obtaining, 4-7 retrieving, and disseminating information used by individuals who 4-8 are not blind or visually impaired. 4-9 Sec. 2055.012. EXISTING SYSTEMS. Compliance with Sections 4-10 2055.002 and 2055.003 in regard to information technology purchased 4-11 prior to the effective date of this chapter shall be achieved at 4-12 the time of the procurement of an upgrade or replacement of the 4-13 existing equipment or software. 4-14 (Sections 2055.013 to 2055.020 reserved for expansion 4-15 SECTION 2. The General Services Commission shall develop a 4-16 technology access clause as required by Section 2055.011, 4-17 Government Code, as added by this Act, not later than January 1, 4-18 1998. 4-19 SECTION 3. The importance of this legislation and the 4-20 crowded condition of the calendars in both houses create an 4-21 emergency and an imperative public necessity that the 4-22 constitutional rule requiring bills to be read on three several 4-23 days in each house be suspended, and this rule is hereby suspended, 4-24 and that this Act take effect and be in force from and after its 4-25 passage, and it is so enacted.