1-1     By:  Moncrief                                         S.B. No. 1059

 1-2           (In the Senate - Filed March 10, 1997; March 12, 1997, read

 1-3     first time and referred to Committee on International Relations,

 1-4     Trade, and Technology; April 1, 1997, reported favorably, as

 1-5     amended, by the following vote:  Yeas 8, Nays 0; April 1, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                                By:  Ogden

 1-8           In SECTION 1 of S.B. No. 1059 strike lines 42-50 on page 2.

 1-9     COMMITTEE AMENDMENT NO. 2                                By:  Ogden

1-10           In SECTION 1 of S.B. No. 1059, on page 2, lines 23-24, strike

1-11     "state agencies, or state-funded programs." and insert "or state

1-12     agencies."

1-13                            A BILL TO BE ENTITLED

1-14                                   AN ACT

1-15     relating to access by blind and visually impaired individuals to

1-16     information technology.

1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-18           SECTION 1.  Subtitle B, Title 10, Government Code, is amended

1-19     by adding Chapter 2055 to read as follows:

1-20        CHAPTER 2055.  ACCESS TO INFORMATION TECHNOLOGY BY BLIND AND

1-21                        VISUALLY IMPAIRED INDIVIDUALS

1-22                      SUBCHAPTER A.  GENERAL PROVISIONS

1-23           Sec. 2055.001.  DEFINITIONS.  In this chapter:

1-24                 (1)  "Blind" means a person having not more than 20/200

1-25     visual acuity in the better eye with correcting lenses or visual

1-26     acuity greater than 20/200 but with a limitation in the field of

1-27     vision such that the widest diameter of the visual field subtends

1-28     an angle no greater than 20 degrees.

1-29                 (2)  "Information technology" means the equipment and

1-30     software that are designed, built, operated, and maintained to

1-31     collect, record, process, store, retrieve, display, and transmit

1-32     information.

1-33                 (3)  "State agency" means a department, commission,

1-34     board, office, council, or other agency in the executive or

1-35     judicial branch of state government that is created by the

1-36     constitution or a statute of this state, including a university

1-37     system or institution of higher education as defined by Section

1-38     61.003, Education Code.

1-39                 (4)  "Visually impaired" means a person having not more

1-40     than 20/70 visual acuity in the better eye with correcting lenses

1-41     or visual acuity greater than 20/70 but with a limitation in the

1-42     field of vision such that the widest diameter of the visual field

1-43     subtends an angle no greater than 30 degrees.

1-44           Sec. 2055.002.  ACCESS BY EMPLOYEES AND PROGRAM PARTICIPANTS.

1-45     (a)  Subject to Section 2055.012, the head of a state agency or

1-46     state-funded program shall ensure that information technology

1-47     equipment and software used by employees or program participants,

1-48     including students, who are blind or visually impaired:

1-49                 (1)  can present information for effective, interactive

1-50     control and use by both visual and nonvisual means;

1-51                 (2)  is compatible with equipment and software used by

1-52     other individuals with whom the blind or visually impaired

1-53     individual must interact; and

1-54                 (3)  can be integrated into the network or networks

1-55     used to share communications among employees or program

1-56     participants.

1-57           (b)  Nothing in this section requires the installation of

1-58     specific nonvisual access software or peripheral devices at a

1-59     workstation during any period of time in which the individual using

1-60     the equipment does not require nonvisual access.

1-61           (c)  Notwithstanding the provisions of Subsection (b), the

1-62     applications programs and underlying operating systems, including

1-63     the format of the data, used for the manipulation and presentation

1-64     of information at all workstations shall permit the installation

 2-1     and effective use of nonvisual access software and peripheral

 2-2     devices.

 2-3           Sec. 2055.003.  PUBLIC ACCESS.  Subject to Section 2055.012,

 2-4     the head of a state agency or state-funded program shall ensure

 2-5     that information technology used in the dissemination of services

 2-6     to the public:

 2-7                 (1)  provides blind or visually impaired individuals

 2-8     access, including interactive use of the equipment and services,

 2-9     which is equivalent to that provided to individuals who are not

2-10     blind or visually impaired; and

2-11                 (2)  is designed to present information, including

2-12     prompts used for interactive communications, in formats intended

2-13     for both visual and nonvisual use.

2-14           (Sections 2055.004 to 2055.010 reserved for expansion

2-15                   SUBCHAPTER B.  PROCUREMENT REQUIREMENTS

2-16           Sec. 2055.011.  TECHNOLOGY ACCESS CLAUSE.  (a)  The General

2-17     Services Commission and the Department of Information Resources, in

2-18     consultation with other state agencies and after public comment,

2-19     shall develop a technology access clause to be included in all

2-20     contracts entered into by the state, state agencies, or

2-21     state-funded programs.

2-22           (b)  The clause shall clearly state, as a condition for the

2-23     expenditure of state funds in the purchase of information

2-24     technology, that the technology:

2-25                 (1)  will provide equivalent access for effective use

2-26     by both visual and nonvisual means;

2-27                 (2)  will present information, including prompts used

2-28     for interactive communications, in formats intended for both visual

2-29     and nonvisual use; and

2-30                 (3)  can be integrated into networks for obtaining,

2-31     retrieving, and disseminating information used by individuals who

2-32     are not blind or visually impaired.

2-33           Sec. 2055.012.  EXISTING SYSTEMS.  Compliance with Sections

2-34     2055.002 and 2055.003 in regard to information technology purchased

2-35     prior to the effective date of this chapter shall be achieved at

2-36     the time of the procurement of an upgrade or replacement of the

2-37     existing equipment or software.

2-38           (Sections 2055.013 to 2055.020 reserved for expansion

2-39                    SUBCHAPTER C.  ACTION FOR INJUNCTION

2-40           Sec. 2055.021.  INJUNCTION.  (a)  A person injured by a

2-41     violation of this chapter may maintain an action for injunctive

2-42     relief to enforce the terms of this chapter.

2-43           (b)  A civil action brought under Subsection (a) must be

2-44     commenced within four years after the cause of action accrues.  For

2-45     the purposes of this subsection, a cause of action for a continuing

2-46     violation accrues at any and all times during the period of the

2-47     violation.

2-48           SECTION 2.  The General Services Commission shall develop a

2-49     technology access clause as required by Section 2055.011,

2-50     Government Code, as added by this Act, not later than January 1,

2-51     1998.

2-52           SECTION 3.  The importance of this legislation and the

2-53     crowded condition of the calendars in both houses create an

2-54     emergency and an imperative public necessity that the

2-55     constitutional rule requiring bills to be read on three several

2-56     days in each house be suspended, and this rule is hereby suspended,

2-57     and that this Act take effect and be in force from and after its

2-58     passage, and it is so enacted.

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