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


Senate Research Center   S.B. 1382
By: Shapiro
State Affairs
4/12/1999
As Filed


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 visuallyimpaired employees.  Furthermore, the clause does not
specify whether the state may rely on a thirdparty 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 would
amend the technology access clause in certain state contracts.  

PURPOSE

As proposed, 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 set forth a
clause, as a condition for the expenditure of state funds in the purchase
of an automated information system, on certain access by visual and
nonvisual users.  Deletes text requiring certain technology to be included
in the clause. Defines "equivalent access."   

SECTION 2.  (a)  Effective date: September 1, 1999.

(b)  Requires the General Services Commission and the Department of
Information Resources to develop a technology access clause to comply with
Section 2157.005, Government Code, by January 1, 2000.   

 (c)  Makes application of this Act prospective.

SECTION 3.Emergency clause.