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.