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 * * * * *