By: Shapleigh S.B. No. 1382
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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. Section 2157.005(b), Government Code, is amended
1-5 to read as follows:
1-6 (b) As [The clause shall clearly state, as] a condition for
1-7 the expenditure of state funds in the purchase of an automated
1-8 information system, the clause shall read as follows [that the
1-9 technology]:
1-10 "The vendor expressly acknowledges that state funds may not
1-11 be expended in connection with the purchase of an automated
1-12 information system unless that system meets certain statutory
1-13 requirements relating to accessibility by persons with visual
1-14 impairments. Accordingly, the vendor represents and warrants to
1-15 (name of state agency) that the technology provided to (name of
1-16 state agency) for purchase is capable, either by virtue of features
1-17 included within the technology, or because it is readily adaptable
1-18 by use with other technology, of:
1-19 (1) Providing [will provide] equivalent access for
1-20 effective use by both visual and nonvisual means;
1-21 (2) Presenting [will present] information, including
1-22 prompts used for interactive communications, in formats intended
2-1 for [both visual and] nonvisual use; and
2-2 (3) Being [can be] integrated into networks for
2-3 obtaining, retrieving, and disseminating information used by
2-4 individuals who are not blind or visually impaired.
2-5 For purposes of this paragraph, the phrase "equivalent
2-6 access" means a substantially similar ability to communicate with
2-7 or make use of the technology, either directly by features
2-8 incorporated within the technology or by other reasonable means
2-9 such as assistive devices or services which would constitute
2-10 reasonable accommodations under the American with Disabilities Act
2-11 or similar state or federal laws. Examples of methods by which
2-12 equivalent access may be provided include, but are not limited to,
2-13 keyboard alternatives to mouse commands and other means of
2-14 navigating graphical displays, and customizable display
2-15 appearance."
2-16 SECTION 2. (a) This Act takes effect September 1, 1999.
2-17 (b) The General Services commission and the Department of
2-18 Information Resources shall develop a technology access clause to
2-19 comply with Section 2157.005, Government Code, as amended by this
2-20 Act, not later than January 1, 2000.
2-21 (c) The change in law made by the Act to Section 2157.005,
2-22 Government Code, applies only to a contract that is entered into or
2-23 renewed on or after the date the technology access clause required
2-24 by Section 2157.005, Government Code, as amended by this Act, is
2-25 developed. A contract entered into before that date is governed by
2-26 the law in effect at the time the contract was entered into, and
3-1 that law is continued in effect for that purpose.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.