SRC-SLL, JBJ S.B. 1382 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1382
By: Shapleigh
State Affairs
8/23/1999
Enrolled


DIGEST 

Currently, all contracts of the state or a state agency that procure an
automated information system must include a specific clause requiring the
system to be accessible by both visual and non-visual means.  The clause,
under Section 2157.005, Government Code, helps to ensure access to state
automated information systems for both sighted and visually-impaired state
employees by conditioning the expenditure of state funds on the system's
non-visual accessibility.   

However, the statute effectively prevents the state from purchasing only
the technology necessary to meet the needs of the employees who are
visually-impaired.  According to the clause, the state must purchase
specific equipment in addition to a system already obtained that meets the
needs of visually-impaired employees.  Furthermore, the clause does not
specify whether the state may rely on a third-party provider to meet the
access requirements.  Therefore, the state purchases units that the vendor
must sell to satisfy the equal access technology clause, regardless of
costs or whether the needs of the impaired employees are already met.  A
new procurement clause written into the statute could address the
inconsistency between the statute and the clause by requiring state funds
to be expended only if blind or visually-impaired state employees have
access to a full range of assistive technology resources.  S.B. 1382 amends
the technology access clause in certain state contracts.  

PURPOSE

As enrolled, S.B. 1382 amends the technology access clause in certain state
contracts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2157.005(b), Government Code, to prohibit state
funds from being expended in the purchase of an automated information
system, unless the contract contains the technology access clause.  Set
forth the required language of the access clause.  Deletes text requiring
certain technology to be included in the clause.  Defines "equivalent
access."   

SECTION 2.  Effective date: September 1, 1999.  
  Makes application of this Act prospective.

SECTION 3.Emergency clause.