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.