75R12090 MLS-F By Moncrief S.B. No. 1059 Substitute the following for S.B. No. 1059: By Danburg C.S.S.B. No. 1059 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to access by blind and visually impaired individuals to 1-3 information technology. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 10, Government Code, is amended 1-6 by adding Chapter 2055 to read as follows: 1-7 CHAPTER 2055. ACCESS TO INFORMATION TECHNOLOGY BY BLIND AND 1-8 VISUALLY IMPAIRED INDIVIDUALS 1-9 SUBCHAPTER A. GENERAL PROVISIONS 1-10 Sec. 2055.001. 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) "Information technology" means the equipment and 1-17 software that are designed, built, operated, and maintained to 1-18 collect, record, process, store, retrieve, display, and transmit 1-19 information. 1-20 (3) "State agency" means a department, commission, 1-21 board, office, council, or other agency in the executive or 1-22 judicial branch of state government that is created by the 1-23 constitution or a statute of this state, including a university 1-24 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 STUDENTS. 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 students who are blind or visually impaired: 2-11 (1) can present information for effective, interactive 2-12 control and use by both visual and nonvisual means; 2-13 (2) is compatible with equipment and software used by 2-14 other individuals with whom the blind or visually impaired 2-15 individual must interact; and 2-16 (3) can be integrated into the network or networks 2-17 used to share communications among employees or students. 2-18 (b) Nothing in this section requires the installation of 2-19 specific nonvisual access software or peripheral devices at a 2-20 workstation during any period of time in which the individual using 2-21 the equipment does not require nonvisual access. 2-22 (c) Notwithstanding the provisions of Subsection (b), the 2-23 applications programs and underlying operating systems, including 2-24 the format of the data, used for the manipulation and presentation 2-25 of information at all workstations shall permit the installation 2-26 and effective use of nonvisual access software and peripheral 2-27 devices. 3-1 Sec. 2055.003. PUBLIC ACCESS. Subject to Section 2055.012, 3-2 the head of a state agency shall ensure that information technology 3-3 used in the dissemination of services to the public: 3-4 (1) provides blind or visually impaired individuals 3-5 access, including interactive use of the equipment and services, 3-6 that is equivalent to that provided to individuals who are not 3-7 blind or visually impaired; and 3-8 (2) is designed to present information, including 3-9 prompts used for interactive communications, in formats intended 3-10 for both visual and nonvisual use. 3-11 (Sections 2055.004-2055.010 reserved for expansion 3-12 SUBCHAPTER B. PROCUREMENT REQUIREMENTS 3-13 Sec. 2055.011. TECHNOLOGY ACCESS CLAUSE. (a) The General 3-14 Services Commission and the Department of Information Resources, in 3-15 consultation with other state agencies and after public comment, 3-16 shall develop a technology access clause to be included in all 3-17 contracts entered into by the state or state agencies. 3-18 (b) The clause shall clearly state, as a condition for the 3-19 expenditure of state funds in the purchase of information 3-20 technology, that the technology: 3-21 (1) will provide equivalent access for effective use 3-22 by both visual and nonvisual means; 3-23 (2) will present information, including prompts used 3-24 for interactive communications, in formats intended for both visual 3-25 and nonvisual use; and 3-26 (3) can be integrated into networks for obtaining, 3-27 retrieving, and disseminating information used by individuals who 4-1 are not blind or visually impaired. 4-2 Sec. 2055.012. EXISTING SYSTEMS. Compliance with Sections 4-3 2055.002 and 2055.003 in regard to information technology purchased 4-4 before the effective date of this chapter shall be achieved at the 4-5 time of the procurement of an upgrade or replacement of the 4-6 existing equipment or software. 4-7 SECTION 2. The General Services Commission shall develop a 4-8 technology access clause as required by Section 2055.011, 4-9 Government Code, as added by this Act, not later than January 1, 4-10 1998. 4-11 SECTION 3. The importance of this legislation and the 4-12 crowded condition of the calendars in both houses create an 4-13 emergency and an imperative public necessity that the 4-14 constitutional rule requiring bills to be read on three several 4-15 days in each house be suspended, and this rule is hereby suspended, 4-16 and that this Act take effect and be in force from and after its 4-17 passage, and it is so enacted.