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.