1-1     By:  Shapleigh                                        S.B. No. 1382
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 15, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 15, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1382               By:  Wentworth
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the technology access clause in certain state
1-11     contracts.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (b), Section 2157.005, Government
1-14     Code, is amended to read as follows:
1-15           (b)  State [The clause shall clearly state, as a condition
1-16     for the expenditure of state] funds may not be expended in the
1-17     purchase of an automated information system unless the contract
1-18     contains the technology access clause.  The clause must read as
1-19     follow[, that the technology]:
1-20           "The vendor expressly acknowledges that state funds may not
1-21     be expended in connection with the purchase of an automated
1-22     information system unless that system meets certain statutory
1-23     requirements relating to accessibility by persons with visual
1-24     impairments.  Accordingly, the vendor represents and warrants to
1-25     (name of state agency) that the technology provided to (name of
1-26     state agency) for purchase is capable, either by virtue of features
1-27     included within the technology or because it is readily adaptable
1-28     by use with other technology, of:
1-29                 (1)  providing [will provide] equivalent access for
1-30     effective use by both visual and nonvisual means;
1-31                 (2)  presenting [will present] information, including
1-32     prompts used for interactive communications, in formats intended
1-33     for both visual and nonvisual use; and
1-34                 (3)  being [can be] integrated into networks for
1-35     obtaining, retrieving, and disseminating information used by
1-36     individuals who are not blind or visually impaired.
1-37           "For purposes of this clause, the phrase "equivalent access"
1-38     means a substantially similar ability to communicate with or make
1-39     use of the technology, either directly by features incorporated
1-40     within the technology or by other reasonable means such as
1-41     assistive devices or services that would constitute reasonable
1-42     accommodations under the federal Americans with Disabilities Act or
1-43     similar state or federal laws.  Examples of methods by which
1-44     equivalent access may be provided include, but are not limited to,
1-45     keyboard alternatives to mouse commands and other means of
1-46     navigating graphical displays, and customizable display
1-47     appearance."
1-48           SECTION 2.  (a)  This Act takes effect September 1, 1999.
1-49           (b)  The change in law made by this Act applies only to a
1-50     contract that is entered into or renewed on or after the effective
1-51     date of this Act.  A contract entered into before that date is
1-52     governed by the law in effect at the time the contract was entered
1-53     into, and that law is continued in effect for that purpose.
1-54           SECTION 3.  The importance of this legislation and the
1-55     crowded condition of the calendars in both houses create an
1-56     emergency and an imperative public necessity that the
1-57     constitutional rule requiring bills to be read on three several
1-58     days in each house be suspended, and this rule is hereby suspended.
1-59                                  * * * * *