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.