79R8677 T
By: Rose H.B. No. 2819
A BILL TO BE ENTITLED
AN ACT
relating to accessible electronic and information technology for
persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2054.118, Government Code, is amended by
adding Subsection (e) to read as follows:
(e)
(1) ACCESSIBLE ELECTRONIC AND INFORMATION TECHNOLOGY (E&IT) FOR
PERSONS WITH DISABILITIES: In order to increase the successful
education, employment, access to government information and
services, and full participation by persons with disabilities,
state agencies, the legislature, public institutions of higher
education, and other state governmental bodies, such as
commissions, boards, councils or authorities shall when
developing, procuring, maintaining, or using electronic or
information technology ensure that state employees with
disabilities have access to and use of information and data that is
comparable to the access and use by state employees without
disabilities, unless an undue burden would be imposed on the
agency. This law also requires that members of the public with
disabilities, who are seeking information or services from state
agencies, shall have access to and use of information and data that
is comparable to that provided to the public without disabilities,
unless an undue burden would be imposed on the agency.
Texas state agencies, the legislature, public institutions of
higher education, and other state governmental bodies, such as
commissions, boards, councils or authorities shall develop,
procure, maintain and use accessible electronic and information
technology that conforms to the applicable provisions set forth by
the Federal Section 508 standards (36 CFR Part 1194) Subparts
B-Technical Standards (1194.21-1194.26); Subpart C (Functional
Performance Criteria) & Subpart D (Information Documentation &
Support).
(2) When compliance with the provisions of this law imposes an
undue burden, agencies shall comply with all applicable state and
federal civil rights statutes, including, but not limited to the
Americans with Disabilities Act and Section 504 of the
Rehabilitation Act, as amended, and provide individuals with
disabilities with the timely acquisition of information and data
involved by an alternative method of access that allows the
individual to use the information and data.
This law does not require the installation of specific
accessibility-related software or the attachment of an assistive
technology device at a workstation of a state employee who is not an
individual with a disability, except as necessary to permit the
employee to interact directly with a member of the public who has a
disability.
This law does not require agencies, providing access to the public
to information or data through electronic and information
technology, to make products owned by the agency available for
access and use by individuals with disabilities at a location other
than that where the electronic and information technology is
provided to the public, or to purchase products for access and use
by individuals with disabilities at a location other than that
where the electronic and information technology is provided to the
public.
(3) OVERSIGHT, MONITORING AND TECHNICAL ASSISTANCE -
(a) The Texas Department of Information Resources
shall administer, provide oversight, monitoring, training,
technical assistance and resolution of complaints regarding this
law.
(b) The Texas Department of Information Resources
shall create administrative rules and evaluation criteria for the
implementation of this law for the development, procurement,
maintenance, and use of accessible electronic and information
technology and the development and monitoring of accessible
websites in state government. In addition to defining the
operation and E&IT program elements as indicated above, rules shall
also address, but are not limited to emerging technologies, annual
E&IT state agency survey & reporting requirements, state
exemptions, process for determining & claiming undue burden,
complaint procedures, agency website and procurement accessibility
policy, commercial nonavailability and technical
assistance/training.
(c) Not later than six months after the effective date
of this law, the Texas Department of Information Resources shall
issue administrative rules for implementation as required in
Section 3(b).
(4) DEFINITIONS -
(a) "Accessible Electronic and Information
Technology" means E&IT that conforms to the standards for
accessible E&IT as set forth under the Federal Section 508
standards 36 CFR Part 1194 3 Subparts B-Technical Standards
(1194.21-1194.26); Subpart C (Functional Performance Criteria) &
Subpart D (Information Documentation & Support).
(b) "Alternate methods" is different means of
providing information, including product documentation, to people
with disabilities. Alternate methods may include, but are not
limited to, voice, fax, TTY, Internet posting, captioning,
text-to-speech synthesis, and audio description.
(c) "Electronic and information technology" includes
information technology and any equipment or interconnected system
or subsystem of equipment that is used in the creation, conversion,
or duplication of data or information. The term electronic and
information technology includes, but is not limited to,
telecommunications products (such as telephones), information
kiosks and transaction machines, World Wide Web sites, multimedia,
and office equipment such as copiers and fax machines. The term does
not include any equipment that contains embedded information
technology that is used as an integral part of the product, but the
principal function of which is not the acquisition, storage,
manipulation, management, movement, control, display, switching,
interchange, transmission, or reception of data or information.
For example, HVAC (heating, ventilation, and air conditioning)
equipment such as thermostats or temperature control devices, and
medical equipment where information technology is integral to its
operation, are not information technology.
(d) "Information technology" is any equipment or
interconnected system or subsystem of equipment, that is used in
the automatic acquisition, storage, manipulation, management,
movement, control, display, switching, interchange, transmission,
or reception of data or information. The term information
technology includes computers, ancillary equipment, software,
firmware and similar procedures, services (including support
services), and related resources.
(e) "Undue burden" means significant difficulty or
expense. In determining whether an action would result in an undue
burden, an agency shall consider all agency resources available to
the program or component for which the product is being developed,
procured, maintained, or used.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.