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.