By: Shapleigh S.B. No. 1382
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the technology access clause in certain state
1-2 contracts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 2157.005, Government
1-5 Code, is amended to read as follows:
1-6 (b) State [The clause shall clearly state, as a condition
1-7 for the expenditure of state] funds may not be expended in the
1-8 purchase of an automated information system unless the contract
1-9 contains the technology access clause. The clause must read as
1-10 follows[, that the technology]:
1-11 "The vendor expressly acknowledges that state funds may not
1-12 be expended in connection with the purchase of an automated
1-13 information system unless that system meets certain statutory
1-14 requirements relating to accessibility by persons with visual
1-15 impairments. Accordingly, the vendor represents and warrants to
1-16 (name of state agency) that the technology provided to (name of
1-17 state agency) for purchase is capable, either by virtue of features
1-18 included within the technology or because it is readily adaptable
1-19 by use with other technology, of:
1-20 (1) providing [will provide] equivalent access for
1-21 effective use by both visual and nonvisual means;
1-22 (2) presenting [will present] information, including
1-23 prompts used for interactive communications, in formats intended
1-24 for both visual and nonvisual use; and
2-1 (3) being [can be] integrated into networks for
2-2 obtaining, retrieving, and disseminating information used by
2-3 individuals who are not blind or visually impaired.
2-4 "For purposes of this clause, the phrase "equivalent access"
2-5 means a substantially similar ability to communicate with or make
2-6 use of the technology, either directly by features incorporated
2-7 within the technology or by other reasonable means such as
2-8 assistive devices or services that would constitute reasonable
2-9 accommodations under the federal Americans with Disabilities Act or
2-10 similar state or federal laws. Examples of methods by which
2-11 equivalent access may be provided include, but are not limited to,
2-12 keyboard alternatives to mouse commands and other means of
2-13 navigating graphical displays, and customizable display
2-14 appearance."
2-15 SECTION 2. (a) This Act takes effect September 1, 1999.
2-16 (b) The change in law made by this Act applies only to a
2-17 contract that is entered into or renewed on or after the effective
2-18 date of this Act. A contract entered into before that date is
2-19 governed by the law in effect at the time the contract was entered
2-20 into, and that law is continued in effect for that purpose.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.