Part 5. TEXAS FACILITIES COMMISSION
Chapter 111. EXECUTIVE ADMINISTRATION DIVISION
Subchapter A. ADMINISTRATION
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Facilities Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
Introduction and Background.
The Texas Facilities Commission ("Commission") proposes the repeal of Chapter 111, Subchapter A, §§111.1 - 111.8, concerning administration.
The Commission recently completed a rule review of Chapter 111 in accordance with Texas Government Code §2001.039 (Vernon 2000). Initial notice of the review was published in the December 21, 2007, issue of the Texas Register (32 TexReg 9735). The published notice of the Commission's adopted rule review may be found in the Rule Review section in this issue of the Texas Register.
During its review, the Commission determined that the business necessity remained in effect for §111.1 and §§111.3 - 111.8. The Commission further determined that amendments were required to reflect current statutory language and for consistency throughout the Chapter. Additionally, the Commission found that new rules were required for the following matters: historically underutilized businesses, training and education of employees, and assignment and use of pooled vehicles. The new rules are necessary to comply with statutory rulemaking requirements pursuant to Texas Government Code §656.048(a) (Vernon 2004) (employee training and education), §2161.003 (Vernon 2000) (historically underutilized businesses program), and §2171.1045 (Vernon 2000) (vehicle assignment and use). The Commission further determined that the business necessity for §111.2, relating to definitions of statewide procurement functions that were transferred to the Comptroller of Public Accounts, no longer exists, and the section should be repealed. Chapter 111 previously contained a Subchapter B, entitled Historically Underutilized Business Program. Subchapter B was transferred to the Comptroller of Public Accounts on September 1, 2007, as published in the July 6, 2007, issue of the Texas Register (32 TexReg 4237). The Commission determined that Chapter 111 needed to be restructured to account for the transfer of Subchapter B and the statutory requirements for additional rules. The Commission further determined that Chapter 111 should be repealed and replaced with a new chapter. A concurrent notice of proposed new rules may be found in this issue of the Texas Register.
Section by Section Summary.
Section 111.1 sets out the organization of the Commission and contains a general delegation of authority to the Executive Director for the day-to-day operations of the agency. Section 111.2 provides definitions for statewide procurement. Section 111.3 provides the procedures for bid protests, dispute resolution, and hearings. Section 111.4 sets out the ethical standards of the agency. Section 111.5 provides procedures for submitting a complaint to the Commission. Section 111.6 provides procedures for filing a petition for adoption of rules. Section 111.7 incorporates the rules of the Office of the Attorney General as they relate to negotiation and mediation of certain contract disputes. Section 111.8 provides statutorily-required provision regarding establishment and use of a sick leave pool.
Fiscal Note.
Edward L. Johnson, Executive Director, has determined that for each year of the first five-year period following the repeal there will be no fiscal implications for state or local government as a result of the proposed repeal.
Public Benefit/Cost Note.
Mr. Johnson has also determined that for each year of the first five-year period following the repeal the public benefit will be the Commission's ability to replace the repealed Chapter 111 with a new chapter that sets out the Commission's administrative rules in a well-organized manner.
Mr. Johnson has further determined that there will be no effect on individuals or large, small, and micro-businesses as a result of the proposed repeal. Consequently, an Economic Impact Statement and Regulatory Flexibility Analysis, pursuant to Texas Government Code, §2006.002 (Vernon Supp. 2007), are not required.
In addition, Mr. Johnson has determined that for each year of the first five-year period following the repeal there should be no effect on a local economy; therefore, no local employment impact statement is required under Administrative Procedure Act, Texas Government Code, §2001.022 (Vernon Supp. 2007).
Request for Comments.
Interested persons may submit written comments on the proposed repeal to General Counsel, Legal Services Division, Texas Facilities Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments may also be sent via E-mail to: rulescomments@tfc.state.tx.us.
For comments submitted electronically, please include "Proposed Repeal of Chapter 111" in the subject line. Comments must be received no later than thirty (30) days from the date of publication of the proposal in the Texas Register. Comments should be organized in a manner consistent with the organization of the proposed repeal. Questions concerning the proposed repeal may be directed to Kay Molina, General Counsel, at (512) 463-7220.
Statutory Authority.
The repeal is proposed under Texas Government Code §§661.002(c) (Vernon 2004); 2001.004(1), 2001.021(b), 2001.039(c) (Vernon 2000); 2152.060(a), 2152.064(c) (Vernon Supp. 2007); 2155.076(a) (Vernon 2000); and 2260.052(c) (Vernon Supp. 2007).
Cross Reference to Statute.
The statutory provisions affected by the proposed repeal are Texas Government Code §§661.002 (Vernon 2004); 2001.021 (Vernon 2000); 2152.060, 2152.064 (Vernon Supp. 2007); 2155.076 (Vernon 2000); and 2260.052 (Vernon Supp. 2007).
§111.1.Organization.
§111.2.Definitions.
§111.3.Protests/Dispute Resolution/Hearing.
§111.4.Ethical Standards.
§111.5.Complaints.
§111.6.Petition for Adoption of Rules.
§111.7.Negotiation and Mediation of Certain Contract Disputes.
§111.8.Sick Leave Pool.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802674
Kay Molina
General Counsel
Texas Facilities Commission
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-7220
Introduction and Background.
The Texas Facilities Commission ("Commission") proposes new Chapter 111, Subchapter A, §111.1 and §111.2, Subchapter B, §§111.20 - 111.24, Subchapter C, §§111.30 - 111.32, and Subchapter D, §111.40 and §111.41.
The Commission recently completed a rule review of Chapter 111 in accordance with Texas Government Code §2001.039 (Vernon 2000). Initial notice of the review was published in the December 21, 2007, issue of the Texas Register (32 TexReg 9735). The published notice of the Commission's adopted rule review may be found in the Rule Review section in this issue of the Texas Register.
During its review, the Commission determined that the business necessity remained in effect for §111.1 and §§111.3 - 111.8. The Commission further determined that amendments were required to reflect current statutory language and for consistency throughout the Chapter. Additionally, the Commission found that new rules were required for the following matters: historically underutilized businesses, training and education of employees, and assignment and use of pooled vehicles. The new rules are necessary to comply with statutory rulemaking requirements pursuant to Texas Government Code §656.048(a) (Vernon 2004) (employee training and education), §2161.003 (Vernon 2000) (historically underutilized businesses program), and §2171.1045 (Vernon 2000) (vehicle assignment and use). The Commission further determined that the business necessity for §111.2, relating to definitions of statewide procurement functions that were transferred to the Comptroller of Public Accounts, no longer exists, and the section should be repealed. Chapter 111 previously contained a Subchapter B, entitled Historically Underutilized Business Program. Subchapter B was transferred to the Comptroller of Public Accounts on September 1, 2007, as published in the July 6, 2007, issue of the Texas Register (32 TexReg 4237). The Commission determined that Chapter 111 needed to be restructured to account for the transfer of Subchapter B and the statutory requirements for additional rules. The Commission further determined that Chapter 111 should be repealed and replaced with a new chapter. A concurrent notice of proposed repeal may be found in this issue of the Texas Register.
Section by Section Summary.
Proposed new Subchapter A is entitled Organization and contains the following proposed new Sections. Proposed new §111.1 sets out the organization of the Commission. Proposed new §111.2 contains a general delegation of authority to the Executive Director for the day-to-day operations of the agency.
Proposed new Subchapter B is entitled General Provisions and contains the following proposed new Sections. Proposed new §111.20 incorporates by reference the rules of the Texas Ethics Commission concerning Conflicts of Interest relating to the Commission. Proposed new §111.21 incorporates by reference the rules of the Comptroller of Public Accounts relating to historically underutilized businesses. Proposed new §111.22 provides procedures for a petition for adoption of rules. Proposed new §111.23 establishes an employee sick leave pool. Proposed new §111.24 provides procedures concerning the training and education of Commission employees.
Proposed new Subchapter C is entitled Complaints and Dispute Resolution and contains the following proposed new Sections. Proposed new §111.30 provides procedures for submitting complaints to the Commission. Proposed new §111.31 incorporates by reference the rules of the Office of the Attorney General for negotiation and mediation of certain contract disputes. Proposed new §111.32 provides procedures concerning bid protests, dispute resolution, and hearings.
Proposed new Subchapter D is entitled Vehicles and contains the following proposed new Sections. Proposed new §111.40 concerns the management of Commission fleet vehicles. Proposed new §111.41 provides procedures for the assignment and use of pooled vehicles.
Fiscal Note.
Edward L. Johnson, Executive Director, has determined that for each year of the first five-year period the new rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the new rules.
Public Benefit/Cost Note.
Mr. Johnson has also determined that for each year of the first five-year period the new rules are in effect the public benefit will be clear, organized rules concerning the agency's administrative regulations.
Mr. Johnson has further determined that there will be no effect on individuals or large, small, and micro-businesses as a result of the proposed new rules. Consequently, an Economic Impact Statement and Regulatory Flexibility Analysis, pursuant to Texas Government Code, §2006.002 (Vernon Supp. 2007), are not required.
In addition, Mr. Johnson has determined that for each year of the first five-year period the new rules are in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under Administrative Procedure Act, Texas Government Code, §2001.022 (Vernon Supp. 2007).
Request for Comments.
Interested persons may submit written comments on the proposed new rules to General Counsel, Legal Services Division, Texas Facilities Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments may also be sent via email to: rulescomments@tfc.state.tx.us.
For comments submitted electronically, please include "Proposed New Rules, Chapter 111" in the subject line. Comments must be received no later than thirty (30) days from the date of publication of the proposal in the Texas Register. Comments should be organized in a manner consistent with the organization of the proposed new rules. Questions concerning the proposed new rules may be directed to Kay Molina, General Counsel, at (512) 463-7220.
Subchapter A. ORGANIZATION
Statutory Authority.
The new rules are proposed under Texas Government Code §2001.004(1) (Vernon 2000), which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Cross Reference to Statute.
The statutory provisions affected by the proposed new rules are Texas Government Code §§2152.051 (Vernon Supp. 2007), 2152.101 (Vernon 2000), and 2152.103 (Vernon 2000).
§111.1.Commission.
(a) All references to the "Commission" in this Chapter mean the Texas Facilities Commission. The Commission is composed of seven members: three members appointed by the Governor, two members appointed by the Governor from a list of nominees submitted by the Speaker of the House of Representatives, and two members appointed by the Lieutenant Governor. The Commissioners shall set policy and employ an Executive Director. The Commissioners retain and exercise all authority and responsibility assigned to them by law and not delegated to the Executive Director.
(b) All decisions of the Commission shall be by majority vote of Commissioners present and voting.
§111.2.Executive Director.
(a) The Executive Director manages the day-to-day business of the Commission, employs staff, and carries out other duties and responsibilities assigned by law or delegated by the Commission.
(b) A delegation of authority to the Executive Director must be made by the Commission in an open meeting. The Commission may review, modify, or ratify a delegation at any open meeting. A change in membership of the Commission does not void an existing delegation of authority; it remains in effect until another one is approved by a majority vote of the Commission at an open meeting.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802676
Kay Molina
General Counsel
Texas Facilities Commission
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-7220
Statutory Authority.
The new rules are proposed under Texas Government Code §§656.048(a) (Vernon 2004) (employee training and education), 661.002(c) (Vernon 2004) (sick leave pool), 2001.004(1) (Vernon 2000) (rules of practice and procedures), 2001.021(b) (Vernon 2000) (petition for adoption of rules), 2152.064(c) (Vernon Supp. 2007) (ethics rules), and 2161.003 (Vernon 2000) (historically underutilized businesses program), which require the Commission to promulgate rules.
Cross Reference to Statute.
The statutory provisions affected by the proposed new rules are Texas Government Code §§656.048 (Vernon 2004), 661.002 (Vernon 2004), 2001.004 (Vernon 2000), 2001.021 (Vernon 2000), 2152.064 (Vernon Supp. 2007), and 2161.003 (Vernon 2000).
§111.20.Ethical Standards.
The Commission adopts by reference the rules of the Texas Ethics Commission in Title 1, Part 2, Texas Administrative Code, Chapter 45 relating to Conflicts of Interest. The Texas Ethics Commission rules are located at the Office of the Secretary of State's internet website: www.sos.state.tx.us/tac/index.html. The Texas Ethics Commission has specific rulemaking authority relating to the ethical standards set out in Texas Government Code §2152.064 relating to conflicts of interest in certain transactions by the Texas Facilities Commission.
§111.21.Historically Underutilized Businesses.
In accordance with Texas Government Code §2161.003, the Commission adopts by reference Title 34, Part 1, Chapter 20, Subchapter B of the Texas Administrative Code relating to the Historically Underutilized Business Program of the Comptroller of Public Accounts.
§111.22.Petition for Adoption of Rules.
(a) Any interested person or organization may petition the Commission requesting the adoption or amendment of a rule.
(b) For the purpose of interpreting this section, the term "rule" shall have the same meaning as contained in Texas Government Code, Chapter 2001, §2001.003.
(c) Petitions for adoption of rules must be submitted in writing and directed to the Commission's Executive Director.
(d) The petitioner may either hand deliver the petition to the Commission's central office at 1711 San Jacinto Boulevard, Austin, Texas, 78701, or mail the petition to P.O. Box 13047, Austin, Texas 78711-3047.
(e) For purposes of calculating days under this section, the date of submission of a petition under this section shall be the date the petition is hand delivered to the Commission, or if the petition was sent by mail or carrier, the date it is date-stamped according to regular agency incoming mail procedures.
(f) The petition must include the following minimum requirements:
(1) specify or otherwise make clear that the petition is made pursuant to the provisions of the Administrative Procedure Act;
(2) clearly state the body or substance of the rule requested for adoption, and, if appropriate, relate the requested rule to an adopted rule or rules of the Commission;
(3) contain the full name and address of the petitioner; and
(4) be signed by the petitioner.
(g) The Executive Director or the Executive Director's designee, shall:
(1) acknowledge receipt of the petition in writing and include in the letter the date the petition was received; and
(2) communicate with the petitioner, if necessary, to clarify the requested rule or to clarify other relevant information contained in the petition.
(h) Not later than the 60th day after the date of submission of a petition under this section, the Executive Director shall either:
(1) deny the petition in writing, stating the reasons for the denial; or
(2) initiate rulemaking procedures and inform the petitioner of the date rule action by the Commission is scheduled pursuant to Texas Government Code, Title 10, Chapter 2001.
(i) The Executive Director shall provide copies of all petitions, whether denied or approved, to the Commissioners prior to scheduled Commission meetings for review.
§111.23.Sick Leave Pool.
A sick leave pool is established to alleviate hardship caused to an employee and employee's immediate family if a catastrophic illness or injury forces the employee to exhaust all sick leave time earned by that employee and to lose compensation from the state.
(1) The Commission's Human Resources Director is designated as the pool administrator.
(2) The pool administrator will recommend a policy, operating procedures, and forms for the administration of this section to the Executive Director.
(3) Operation of the pool shall be consistent with Texas Government Code, Chapter 661.
§111.24.Training and Education of Employees.
(a) With the approval of the Executive Director, the Commission may make available to its employees funds for training and education in accordance with the Employee Training Act, Texas Government Code §§656.041 - .049.
(b) In order to be eligible for agency supported training and education, the employee must demonstrate in writing, to the satisfaction of the Executive Director, that the training or education is related to the duties or prospective duties of the employee.
(c) An employee who completes training and education to obtain a degree or certification for which the Commission has provided all or part of the required fees must agree in writing to fully repay the Commission any amounts paid for educational assistance if the employee voluntarily terminates employment with the agency within one year after the course or courses are completed.
(d) All materials received by an employee as part of agency-funded training and education remain the property of the Commission.
(e) Approval to participate in a training and education program, including an agency-sponsored training, seminar or conference, shall not in any way affect an employee's at-will status. The approval of a training and education program is not a guarantee or indication that approval will be granted for subsequent training and education programs. Approval to participate in a training and education program shall in no way constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802677
Kay Molina
General Counsel
Texas Facilities Commission
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-7220
Statutory Authority.
The new rules are proposed under Texas Government Code §§2152.060(a) (Vernon Supp. 2007) (complaints), 2155.076(a) (Vernon 2000) (bid protests, dispute resolution, and hearings), and 2260.052(c) (Vernon Supp. 2007) (negotiation and mediation of contract disputes), which require the Commission to promulgate rules.
Cross Reference to Statute.
The statutory provisions affected by the proposed new rules are Texas Government Code §§2152.060 (Vernon Supp. 2007), 2155.076 (Vernon 2000), and 2260.052 (Vernon Supp. 2007).
§111.30.Complaints.
Actual consumers, service recipients or persons contracting with the Commission shall be provided notice of the Commission's name, the mailing address and the telephone number where complaints may be directed to the Commission's Customer Service Representative. Notice of this information shall be effective if provided by any of the following methods:
(1) Notice typed or stamped notice placed on or attached to each invoice, billing statement, contract or agreement between the Commission and consumers, service recipients or persons contracting with the Commission.
(2) Notice posting notice at locations on the Commission's premises accessible to the Commission's consumers, service recipients or persons contracting with the Commission.
(3) Notice written notice from the Executive Director of the Commission to the directors of all other state agencies and entities that are consumers, service recipients or persons contracting with the Commission.
§111.31.Negotiation and Mediation of Certain Contract Disputes.
(a) The Commission adopts by reference the rules of the Office of the Attorney General in Title 1, Part 3, Texas Administrative Code, Chapter 68 relating to Negotiation and Mediation of Certain Contract Disputes. The Office of the Attorney General rules are located at the Office of the Secretary of State's internet website: www.sos.state.tx.us/tac/index.html.
(b) The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of contract's complexity, subject matter, dollar amount, or method and time of performance.
(c) The adoption of this rule is required by Texas Government Code, Chapter 2260, §2260.052(c).
§111.32.Protests/Dispute Resolution/Hearing.
(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Commission's Procurement Manager. Such protests must be in writing and received in the Procurement Manager's office within 10 working days after such aggrieved person knows, or should have known, of the occurrence of the action which is protested. Formal protests must conform to the requirements of this subsection and subsection (c) of this section, and shall be resolved in accordance with the procedure set forth in subsections (d) and (e) of this section. Copies of the protest must be mailed or delivered by the protesting party to the using agency and other interested parties. For the purposes of this section, "interested parties" means all vendors who have submitted bids or proposals for the contract involved.
(b) In the event of a timely protest or appeal under this section, the state shall not proceed further with the solicitation or with the award of the contract unless the Executive Director, after consultation with the using agency and the Procurement Manager, makes a written determination that the award of contract without delay is necessary to protect the best interests of the state.
(c) A formal protest must be sworn and contain:
(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;
(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;
(3) a precise statement of the relevant facts;
(4) an identification of the issue or issues to be resolved;
(5) argument and authorities in support of the protest; and
(6) a statement that copies of the protest have been mailed or delivered to the using agency and other identifiable interested parties.
(d) The Procurement Manager shall have the authority, prior to appeal to the Executive Director of the Commission, to settle and resolve the dispute concerning the solicitation or award of a contract. The Procurement Manager may solicit written responses to the protest from other interested parties.
(e) If the protest is not resolved by mutual agreement, the Procurement Manager will issue a written determination on the protest.
(1) If the Procurement Manager determines that no violation of rules or statutes has occurred, he shall so inform the protesting party, the using agency, and other interested parties by letter which sets forth the reasons for the determination.
(2) If the Procurement Manager determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, he shall so inform the protesting party, the using agency, and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.
(3) If the Procurement Manager determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he shall so inform the protesting party, the using agency, and other interested parties by letter which sets forth the reasons for the determination, which may include ordering the contract void.
(f) The Procurement Manager's determination on a protest may be appealed by the protesting party to the Executive Director of the Commission. An appeal of the Procurement Manager's determination must be in writing and must be received in the Executive Director's office no later than 10 working days after the date of the Procurement Manager's determination. The appeal shall be limited to review of the Procurement Manager's determination. Copies of the appeal must be mailed or delivered by the protesting party to the using agency and other interested parties and must contain a certified statement that such copies have been provided.
(g) The Executive Director may confer with the Commission's General Counsel in his review of the matter appealed. The Executive Director may, in his discretion, refer the matter to the Commissioners for their consideration at a regularly scheduled open meeting or issue a written decision on the protest.
(h) When a protest has been appealed to the Executive Director under subsection (f) of this section and has been referred to the Commissioners by the Executive Director under subsection (g) of this section, the following requirements shall apply:
(1) Copies of the appeal and responses of interested parties, if any, shall be mailed to the Commissioners.
(2) All interested parties who wish to make an oral presentation at the open meeting are requested to notify the Commission's General Counsel at least 48 hours in advance of the open meeting.
(3) The Commissioners may consider oral presentations and written documents presented by staff and interested parties. The Commission Chair shall set the order and amount of time allowed for presentations.
(4) The Commissioners' determination of the appeal shall be by duly adopted resolution reflected in the minutes of the open meeting, and shall be final.
(i) Unless good cause for delay is shown or the Commission determines that a protest or appeal raises issues significant to procurement practices or procedures, a protest or appeal that is not filed timely will not be considered.
(j) A decision issued either by the Commissioners in open meeting, or in writing by the Executive Director, shall be the final administrative action of the Commission.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802678
Kay Molina
General Counsel
Texas Facilities Commission
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-7220
Statutory Authority.
The new rules are proposed under Texas Government Code §2171.1045 (Vernon 2000), which requires the Commission to promulgate rules relating to vehicle assignment and use.
Cross Reference to Statute.
The statutory provision affected by the proposed new rules is Texas Government Code §2171.1045 (Vernon 2000).
§111.40.Fleet Management.
In accordance with the plan developed by the Office of Vehicle Fleet Management under the direction of the State Council on Competitive Government, the Commission will adhere to all requirements detailed in the plan, including, but not limited to:
(1) The disposal of any vehicles declared excess through the routine review of vehicle use. The Commission will:
(A) follow the Commission's Surplus Property Division process for the disposal of vehicles; and
(B) submit proper documentation to certify successful disposal of vehicles declared excess.
(2) The adoption of all detailed policies, procedures and goals related to vehicle replacement, state fuel contracts, alternative fuel use, minimum use criteria, interagency agreements, and fleet consolidation.
(3) The submission of all fleet data required for vehicle inventory, fuel, mileage, repairs and preventive maintenance on an internet-based technology fleet data system.
(4) The review of internal fleet policies and procedures to determine if the fleet management "Best Practices," as determined by the Office of Vehicle Fleet Management under the direction of the State Council on Competitive Government, are appropriate and feasible for use by the fleet.
(5) The adherence to the fleet size and vehicle purchasing restrictions established by the plan adopted on October 11, 2000, and any further fleet size reduction resulting from the ongoing review of vehicle use.
§111.41.Assignment and Use of Pooled Vehicles.
(a) Each vehicle in the Commission's vehicle fleet pool, with the exception of vehicles assigned to field employees, is assigned to the agency motor pool and is available for checkout as needed. Some vehicles, because of mission critical status, may be permanently assigned to sub-pools within divisions and available only to employees within those divisions.
(b) Commission employees must present a valid Texas driver's license each time a pooled vehicle is checked out.
(c) Pooled vehicle assignments will be made by designated Commission personnel to ensure that all Commission vehicles are used and rotated to balance mileage and time usage among all pooled vehicles.
(d) Pooled vehicles assigned on a regular or daily basis to individual administrative or executive employees, require written documentation that the assignment is critical to the Commission's needs and mission of the agency. Documentation for all assigned Commission vehicles will be kept on file with designated Commission personnel.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802679
Kay Molina
General Counsel
Texas Facilities Commission
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-7220
Chapter 201. PLANNING AND MANAGEMENT OF INFORMATION RESOURCES TECHNOLOGIES
The Texas Department of Information Resources (department) proposes amendments to §201.9, concerning board policies, to add subsection (c). The new subsection describes the department's donation policy, including the criteria, procedures and standards of conduct governing the relationship between the department and its officers and employees and private donors. The new subsection is necessary because the department was given authority in §2054.052(g), Texas Government Code, to accept gifts related to its duties. Chapter 2255, Texas Government Code, requires the adoption of a donation policy. The proposed subsection authorizes the department to accept gifts and donations the department determines are in the public interest to accept as a result of an emergency, including both natural and manmade disasters. The executive director is authorized by the board to accept donations up to $250,000 in value so long as each such donation is acknowledged by the board within 30 days of the donation. Gifts and donations that exceed $250,000 in value must be approved by the board. Subsection (c)(4) requires all gifts be recorded in the board minutes along with the name of the donor, a description of the donation and a statement of the purpose of the donation. Donations must be found to further the department's mission or duties, provide significant public benefit and not influence or reasonably appear to influence the performance of duties by the department. Subsection (c)(6) requires execution of a donation agreement if the value of the donation exceeds $10,000, or if the department determines a donation agreement is necessary. Subsection (c)(7) delineates the information that is to be disclosed in the donation agreement.
Renée Mauzy, General Counsel for the department, has determined that for each year of the first five years the proposed amendments are in effect there will be no cost to state or local governments.
Ms. Mauzy has also determined that for each year of the first five years the proposed amendments are in effect the public will benefit from the public disclosure of each gift donated to the department for use during times of emergency. There are no anticipated economic costs to individuals or small businesses as a result of the amendments.
Comments on the proposed amendments to §201.9 may be submitted to Renée Mauzy, General Counsel, Texas Department of Information Resources, 300 West 15th Street, Suite 1300, Austin, Texas 78701, renee.mauzy@dir.state.tx.us for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed pursuant to Chapter 2255, Texas Government Code, which requires the adoption of rules governing the relationship between donors and the donee agency and its employees and §2054.052(a), Texas Government Code, which authorizes the department to adopt rules necessary to implement its responsibilities under the Information Resources Management Act.
Section 2054.052(g), Texas Government Code, is affected by this proposal.
§201.9.Board Policies.
(a) - (b) (No change.)
(c) In compliance with Chapter 2255, Texas Government Code, this subsection establishes the criteria, procedures and standards of conduct governing the relationship between the department and its officers and employees and private donors. This subsection authorizes the department to accept gifts and donations the department determines it is in the public interest to accept as a result of an emergency, including both natural and manmade disasters.
(1) A private donor may make donations, including gifts, to the department to be spent or used for public purposes during times of emergency, including times of manmade and natural disasters. Use by the department of the donation must be consistent with the mission and duties of the department. If the donor specifies the purpose for which the donation may be spent, the department must expend the donation only for that purpose.
(2) Donations must be spent in accordance with the State Appropriations Act and shall be deposited in the state treasury unless statutorily exempted.
(3) The executive director is hereby delegated authority to coordinate all donations and may accept donations that do not exceed $250,000 in value on behalf of the department. Each donation accepted by the executive director must be acknowledged by the board within thirty days of acceptance of the donation by the department. Donations that exceed $250,000 in value must be accepted by the board.
(4) Acceptance of the donation by either the board or the executive director of the department must be recorded in the board minutes, together with the name of the donor, description of the donation and a statement of the purpose of the donation.
(5) Donations may be accepted only if the executive director or board, as applicable, determines the donation will further the department's mission or duties, provide significant public benefit and not influence or reasonably appear to influence, the department in the performance of its duties.
(6) Execution of a donation agreement is required if the value of the donation exceeds $10,000 or if a written agreement is necessary, in the opinion of the department, to:
(A) indemnify the department as to ownership;
(B) prevent potential claims that could result from use of the donation;
(C) document donation terms or conditions; or
(D) describe how the donation will further the department's mission or duties, provides a significant public benefit and is not made in an effort to influence action on the part of the department.
(7) Each donation agreement must include:
(A) a description of the donation, including a determination of its value;
(B) donor attestation of ownership rights in the donation;
(C) any restrictions or terms of use of the donation imposed by the donor;
(D) contact information for the donor;
(E) a statement that the department takes no position regarding and is not responsible for any tax-related representations by the donor;
(F) the signature of the executive director and the donor or an authorized representative of the donor if it is an entity rather than an individual.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802701
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-6124
The Texas Department of Information Resources (department) proposes amendments to 1 TAC Chapter 206, §§206.1, 206.50, 206.51, 206.54, 206.55, 206.70, 206.71, 206.74, and 206.75, concerning State Web Sites. The proposed changes include the addition of new definitions and the modification of some existing definitions in §206.1; a requirement in §206.50 and §206.70, respectively, that each agency and institution of higher education must comply with the requirements of the rules unless an exception is approved by the agency's executive director or an exemption has been made for specific technologies under §213.17 or §213.37; and moving existing requirements to other sections of Chapter 206 or 213. The proposed changes include a requirement in §206.51 and §206.71, respectively, that each agency and institution of higher education must develop and publish an accessibility policy by June 30, 2009. The rules require that the accessibility policy include a plan for non-compliance remediation, the department must develop and publish a procedure to manage non-compliance, and state agencies and institutions of higher education appoint an accessibility coordinator. The proposed changes include the definition of a term in paragraph (1)(A), a revised title to paragraph (1)(B), and a modified reference in paragraph (3)(A) in §206.54 and §206.74; a new subsection (b) in §206.55 and §206.75 that was moved from §206.51 and §206.71; the deletion of the term "Accessibility Policy", and the modification of certain terms in §206.55 and §206.75. The proposed changes implement requirements of Texas Government Code, Chapter 2054, Subchapter M, Access to Electronic and Information Resources by Individuals with Disabilities.
1 TAC §206.1, Applicable Terms and Technologies for State Web Sites
In §206.1 the department proposes to delete the definition of "Texas Homeland Security", because it is not relevant to this chapter.
he department proposes to change "Survey", to remove the annual requirements for reporting.
The department proposes to change "Web page" to clarify its meaning.
The department proposes to add the following definitions because of new or revised content of 1 TAC Chapter 206:
"Accessibility Coordinator", "Alternate formats", "Alternate methods", "Electronic and information resources", "Electronic and information resources accessibility standards", "Exception", "Exemption", and "Site Owners".
1 TAC §206.50 and §206.70, Accessibility and Usability of State Web Sites and Institution of Higher Education Web Sites
Section 206.50 and §206.70 have proposed changes to the existing rules related to making content on state web sites available to all users. Most of the proposed changes consist of content being moved between sections or to other parts of the rules for clarity.
The department proposes to delete the introductory paragraphs of §206.50 and §206.70, and move them to 1 TAC §206.51 and §206.71, Accessibility Policy and Coordinator.
The department proposes to move the existing requirement to have an accessibility policy from §206.50 and §206.70 to 1 TAC §206.51 and §206.71. The department proposes to add a new paragraph to the beginning of the section to require compliance with the standard unless an exemption or exception is granted.
The department proposes paragraph (1)(B) (proposed as (a)(2)) be modified to add a reference to the definitions of "alternate formats" and "alternate methods." Paragraph (1)(K) (proposed as (a)(11)) is amended to change "text only" to "alternative version" as the proposed term has a broader meaning.
The department proposes a revision to paragraph (2) (proposed as subsection (b)) that each agency and institution of higher education must comply with the requirements of the rules unless an exception is approved by the agency's executive director or an exemption has been made for specific technologies under §213.17 or §213.37.
The department proposes a revision to paragraph (3) (proposed as subsection (c)) to reference a defined term and delete an obsolete web site reference.
The department proposes to add a reference to Texas Government Code, Chapter 2054, Subchapter M, to paragraph (6) (proposed as subsection (f)) of §206.50 and §206.70 for clarity.
he department proposes to delete paragraph (7) and move the part regarding the survey requirement to §213.20 and §213.40, and move the part regarding the training requirement to §213.19 and §213.39.
he department proposes the deletion of paragraph (8) as commercial availability is addressed in §213.17 and §213.37.
1 TAC §206.51 and §206.71, Accessibility Policy
Accessibility is related to both information technology and Web site rules. Because some people may not have a need to look at the rules in 1 TAC Chapter 213, regarding Electronic and Information Resources, the requirements for the accessibility policy and accessibility coordinator are also proposed for 1 TAC §206.51 and §206.71, Accessibility Policy. The changes include a new requirement for agencies and institutions of higher education to have an Accessibility Coordinator to develop, maintain, and implement an internal accessibility policy.
The department proposes to change the title of the rule from "Accessibility Policy" to "Accessibility Policy and Coordinator".
The department proposes to move the introductory paragraph to subsection (b) of §206.55 and §206.75 for clarity.
The department proposes to add new subsections (a) - (c) regarding Accessibility policy requirements.
The department proposes to add a new subsection (d) adding the requirement for an Accessibility Coordinator for state agencies and institutions of higher education.
1 TAC §206.54 and §206.74, State Web Site Link and Privacy Policy
The department proposes that the introductory paragraph be revised to correct terminology.
The department proposes that paragraph (1)(A) be revised to define a term and delete a reference to a web site.
The department proposes to revise paragraph (1)(B), (D), and (E) by putting the requirements into numbered lists for clarity.
The department proposes that the title of paragraph (1)(B) be changed from "What Site Owners May Not Do in Linking to State Agency Web Sites" to "What State Agency and Institution of Higher Education Site Owners May Not Do in Linking to State Agency Web Sites".
The department proposes modifying the reference in paragraph (3)(A).
1 TAC §206.55 and §206.75, Linking and Indexing State Web Sites
The department proposes to add a new subsection (b) that was moved from §206.51 and §206.71.
he department proposes revisions to relettered subsection (c) to correct terminology.
he department proposes the deletion of existing subsections (b)(2)(B) and (c)(4) "Accessibility policy" from the list of links.
The department proposes to correct the numbering for proposed subsections (c)(2) and (d)(2).
IMPACT ON STATE AGENCIES AND INSTITUTIONS OF HIGHER EDUCATION
The rule changes should have a minimal impact because most of the requirements for the rules became law on September 1, 2006. Some comments of concern have been expressed about the cost of bringing Web pages and PDF documents into compliance. This is already a requirement of the existing rules in 1 TAC Chapter 206. The only significant new requirement is set forth in 1 TAC §§206.51, 206.71, 213.21 and 213.41, Accessibility Policy and Coordinator, which require each agency and institution of higher education to have an accessibility coordinator. The impact will vary depending on if the agency or institution of higher education already has someone on staff in that position or if they have to hire someone. The estimated cost for hiring someone for the position is stated in the fiscal note below.
Because the proposed rules apply to institutions of higher education, the department, in consultation with the Information Technology Council for Higher Education, prepared an analysis of the impact of the rules that included consideration of the requirements in Texas Government Code, Chapter 2054, Subchapter M. Issues and concerns regarding the potential impact of the rules on higher education and student populations were identified, including: (1) the proposed rules require certain approvals by the agency head. Institutions of higher education requested that exceptions be approved by someone other than the head of the institution; (2) the term "Web page" should be clarified; and (3) certain other definitions should be revised. The department proposed alternatives to address the issues, which were acceptable to the Information Technology Council for Higher Education, including: (1) explaining that approval of exceptions by the institution of higher education's president or chancellor was statutorily required, but could be addressed by internal policies and procedures; (2) revising the term "Web page"; and (3) changing certain definitions.
FISCAL NOTE
Ginger Salone, Deputy Executive Director of Statewide Technology Service Delivery, has determined that for the first five-year period the rules are in effect, the fiscal impact to state agencies and institutions of higher education is approximately $11 million. This cost is related to the change in rule that requires state agencies and institutions of higher education to designate an Accessibility Coordinator for their agencies. Sixty two agencies have indicated they do not currently have an Accessibility Coordinator designated. Depending on the size of the agency, the department estimates that the requirements of this position will vary from fifteen percent of a full-time equivalent (FTE) for agencies with less than 100 FTEs, a total of $1.1 million; fifty percent of an FTE for agencies with less than 1,000 FTEs, a total of $4 million; and one hundred percent of an FTE for agencies with 1,000 FTEs and greater, a total of $5.9 million.
PUBLIC BENEFIT
The department is committed to making electronic and information resources usable by people of all abilities and disabilities. The department worked in collaboration with other government entities to develop these proposed rule changes. Ms. Salone has determined that for each year of the first five years the proposed rules are in effect the public benefits anticipated as a result of enforcing or administering the rules will be that all users of electronic and information resources covered by these rules will have equal access to state government. There are no anticipated economic costs to persons or small businesses required to comply with the proposed rules.
Comments on the proposed amendments may be submitted to Martin Zelinsky, Assistant General Counsel, Department of Information Resources, 300 West 15th Street, Suite 1300, Austin, Texas 78701, martin.zelinsky@dir.state.tx.us for 30 days following publication of the proposal in the Texas Register.
Subchapter A. DEFINITIONS
The amendments are proposed under §2054.052(a) and §2054.453, Texas Government Code.
No other statutes are affected by this proposal.
§206.1.Applicable Terms and Technologies for State Web Sites.
The following words and terms, when used with this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) 508 compliance--Using testing/validation tools and procedures to check Web pages/content for compliance with the §508 requirements of the Rehabilitation Act relating to Web accessibility contained in 36 C.F.R. Part 1194.
(2) Accessible--A Web page that can be used in a variety of ways and that does not depend on a single sense or ability.
(3) Accessibility Coordinator--Coordinators are responsible for organizing and supporting the implementation Texas Government Code, Chapter 2054, Subchapter M within their respective agencies, and have been appointed by their agency as the central point of contact for information concerning accessibility issues and solutions for electronic and information resources.
(4) [(3)] Accessibility Policy--The
policies of a state agency or institution of higher education to ensure
that access to its information, services, and programs are accessible,
usable, understandable and navigable.
(5) Alternate formats--Alternate formats usable by people with disabilities may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this chapter.
(6) Alternate methods--Different means of providing information, including product documentation, to people with disabilities. Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.
(7) [(4)] Contact information--A [a
] list of key personnel and/or position or program
contacts, including public contact telephone numbers, general e-mail
address, and other information deemed necessary by the agency or institution
of higher education for facilitating public access.
(8) [(5)] Compact With [with
] Texans--Customer [customer] service
standards and performance measures required of state agencies, including
institutions of higher education, by [§
]§2113.006 and §2114.006, Texas Government Code.
(9) Electronic and information resources--Includes information technology and any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, duplication, or delivery of data or information. The term electronic and information resources 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.
(10) Electronic and information resources accessibility standards--Texas accessibility standards for Electronic and Information Resources that comply with the applicable specifications contained in Chapter 213, Subchapter B, §§213.10 - 213.16 of this title for state agencies and Chapter 213, Subchapter C, §§213.30 - 213.36 of this title for institutions of higher education.
(11) Exception--A justified, documented non-conformance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title, which has been approved by the Executive Director of an Agency or the President or Chancellor of an Institution of Higher Education.
(12) Exemption--A justified, documented non-conformance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title, which has been approved by the department and which is applicable statewide.
(13) [(6)] Home page--The initial
page or entry point to a state Web site.
(14) [(7)] HTML--HyperText Markup Language.
(15) [(8)] Internet--The [the
] network of interconnected networks employing standards
published by the Internet Engineering Task Force (IETF).
(16) [(9)] Key public entry point--A
Web page that a state agency or institution of higher education has
specifically designed for members of the general public to access
official information (e.g., the governing or authoritative documents)
from the agency or institution of higher education.
(17) [(10)] Link Policy--State
Web Site Link and Privacy Policy that identify the terms under which
a person may use, copy information from, or link to a generally accessible
Internet site of a state agency or institution of higher education.
The requirements for these policies for state agencies other than
institutions of higher education are set forth in Subchapter [
subchapter] B, §206.54 of this chapter [and
are available at http://www.dir.state.tx.us/link_policy.htm].
The requirements for these policies for institutions of higher education
are set forth in Subchapter [subchapter] C, §206.74
of this chapter [
and are available at http://www.dir.state.tx.us/link_policy2.htm].
(18) [(11)] Logging software
and cookies--Particular methods employed for the purpose of tracking
visitors to Web sites. The information collected for analysis can
include where the request came from, time, pages visited, and identifiable
information about the visitor.
(19) [(12)] Open Records/Public
Information Act notice--The policies and practices of the state agency
or institution of higher education for providing public access to
governmental information and decisions.
(20) [(13)] Privacy and Security Policy--A
[a] statement about what information
is collected by the Web site of a state agency or institution of higher
education and how the information will be used and protected, under
what conditions the information may be shared or released to another
party, and the procedure under which a member of the public is entitled
to receive and/or correct information that a state agency, including
an institution of higher education, maintains about the individual.
(21) Site Owners--A state agency or institution of higher education that maintains Web pages.
(22) [(14)] Site Policies page--A [a
] Web page containing the policies of the state
agency or institution of higher education, or a link to each policy.
(23) [(15)] State Web site--A [a
] state agency or institution of higher education owned, -operated
by/or for, or -funded Web site connected to the Internet, including
the home page and any key public entry points.
(24) [(16)] SSN--Social Security Number.
(25) [(17)] SSL--Secure Sockets
Layer. The Internet security standard for point-to-point, encrypted
connections between Web servers and client browsers.
(26) [(18)] Statewide Search--A
[a] link to the TRAIL Web site.
(27) [(19)] Survey--An [annual]
assessment [report] of State Web site compliance with the
accessibility standards. [
The survey will also be used to identify
specific requirements for accessibility training for Web content providers/developers.
Additional information and resources are included in the State Web
Site guidelines available at http://www.dir.state.tx.us.]
(28) [(20)] Training/Technical Assistance--Accessibility training and technical assistance for Web
content providers/developers on compliance with the accessibility
standards. [Additional information and on-line resources are
included in the State Web Site guidelines available at http://www.dir.state.tx.us.
]
[(21) Texas Homeland Security--the
Governor's Office Web site with information about current homeland
security threat levels in Texas, available at http://www.texashomelandsecurity.com.]
(29) [(22)] TRAIL--Texas Records
and Information Locator or its successor. [Additional information
is available at http://www.tsl.state.tx.us.]
(30) [(23)] Transaction payment information--
Bank [bank] account and routing
number, credit, debit, charge, or other forms of card-based, access
device number, and/or Internet based[,] payment systems.
Access device means a card, plate, code, account number, personal
identification number, electronic serial number, mobile identification
number, or other telecommunications service, equipment, or instrument
identifier or means of account access that alone, or in conjunction
with another access device, may be used to:
(A) obtain money, goods, services, or another thing of value; or
(B) initiate a transfer of funds other than a transfer originated solely by paper instrument.
(31) [(24)] Transaction Risk
Assessment--An evaluation of the security and privacy required for
an interactive Web session providing public access to government information
and services. Additional information and guidelines are included in
PART 2: Risks Pertaining to Electronic Transactions and Signed Records
in "The Guidelines for the Management of Electronic Transactions and
Signed Records" available on the department's Web site [at
http://www.dir.state.tx.us/UETA_Guideline.htm].
(32) [(25)] Usability--Web design
criteria that focuses on user performance, ease of navigation, is
understandable and is visually appealing.
(33) [(26)] W3C--World Wide Web
Consortium. Additional information and copies of the current standards
and recommendations are available at http://www.w3.org.
(34) [(27)] Web accessibility
standards--Texas Web accessibility standards for Web pages/content
that comply with the applicable specifications contained in Subchapter
B, §206.50[(1)] of this chapter for state agencies
and Subchapter C, §206.70[(1)
] of this chapter for institutions of higher education.
(35) [(28)] Web bug--Code [code
] used to track and/or report information about a visitor
to a Web page, or used in an e-mail message. Also known as a Web Beacon
or Clear GIF.
(36) [(29)] Web page--A
document, on a state Web site, consisting of a file (e.g. HTML, dynamic
links, PHP) and any related files for scripts and graphics, and often
hyperlinked to other documents. [A document that a state
agency or institution of higher education has specifically designed
for members of the public to access the official information (e.g.,
the governing or authoritative documents) via the Internet.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802702
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-6124
1 TAC §§206.50, 206.51, 206.54, 206.55
The amendments are proposed under §2054.052(a) and §2054.453, Texas Government Code.
No other statutes are affected by the proposal.
§206.50.Accessibility and Usability of State Web Sites.
(a) Effective September 1, 2006, unless
an exception is approved by the executive director of the state agency
or an exemption has been made for specific technologies pursuant to §213.17
of this title, all new or changed Web pages/content shall comply with
the standards described in this subchapter. Each state agency shall
include in its accessibility policy the following standards/specifications:
[Each state agency shall develop and publish an accessibility
policy for its Web site and/or Web pages that addresses the following:]
[(1) Effective September 1, 2006,
unless an exception (based on the requirements addressed in §2054.460,
Government Code) is approved by the executive director of the state
agency, all new or changed Web pages/content shall comply with the
following Texas Web accessibility standards/specifications, where
applicable:]
(1) [(A)] A text equivalent for
every non-text element shall be provided (e.g., via "alt," "longdesc,"
or in element content).
(2) [(B)] Based on a request
for accommodation of a Web cast of a live/real time open meeting (Open
Meetings Act, Texas
Government Code, Chapter 551) or training
and informational video productions which support the agency's mission,
each state agency shall consider alternative forms of accommodation
[(examples of different technologies and forms of accommodation
and additional information for state agencies to consider in the development
of accessible training and informational video and multimedia productions
which support the agency's mission are available in the Accessibility
Section of the State Web Site Guidelines under "Multimedia, Audio,
and Video Files" available from http://www.dir.state.tx.us)].
Refer to §206.1 of this chapter for definitions for Alternate
Formats and Alternate Methods.
(3) [(C)] Web pages shall be
designed so that all information conveyed with color is also available
without color.
(4) [(D)] Documents shall be
organized so they are readable without requiring an associated style sheet.
(5) [(E)] Redundant text links
shall be provided for each active region of a server-side image map.
(6) [(F)] Client-side image maps
shall be provided instead of server-side image maps except where the
regions cannot be defined with an available geometric shape.
(7) [(G)] Row and column headers
shall be identified for data tables.
(8) [(H)] Markup shall be used
to associate data cells and header cells for data tables that have
two or more logical levels of row or column headers.
(9) [(I)] Frames shall be titled
with text that facilitates frame identification and navigation.
(10) [(J)] Pages shall be designed
to avoid causing the screen to flicker with a frequency greater than
2 Hz and lower than 55 Hz.
(11) [(K)] An alternative version [
A text-only] page, with equivalent information
or functionality, shall be provided to make a Web site comply with
the provisions of this section, when compliance cannot be accomplished
in any other way. The content of the alternative [text-only
] page shall be updated whenever the primary page changes.
(12) [(L)] When pages utilize
scripting languages to display content, or to create interface elements,
the information provided by the script shall be identified with functional
text that can be read by assistive technology.
(13) [(M)] When a Web page requires
that an applet, plug-in or other application be present on the client
system to interpret page content, the page must provide a link to
a plug-in or applet that complies with the following:
(A) [(i)] When software is designed
to run on a system that has a keyboard, product functions shall be
executable from a keyboard where the function itself or the result
of performing a function can be discerned textually.
(B) [(ii)] Applications shall
not disrupt or disable activated features of other products that are
identified as accessibility features, where those features are developed
and documented according to industry standards. Applications also
shall not disrupt or disable activated features of any operating system
that are identified as accessibility features where the application
programming interface for those accessibility features has been documented
by the manufacturer of the operating system and is available to the
product developer.
(C) [(iii)] A well-defined on-screen
indication of the current focus shall be provided that moves among
interactive interface elements as the input focus changes. The focus
shall be programmatically exposed so that assistive technology can
track focus and focus changes.
(D) [(iv)] Sufficient information
about a user interface element including the identity, operation and
state of the element shall be available to assistive technology. When
an image represents a program element, the information conveyed by
the image must also be available in text.
(E) [(v)] When bitmap images
are used to identify controls, status indicators, or other programmatic
elements, the meaning assigned to those images shall be consistent
throughout an application's performance.
(F) [(vi)] Textual information
shall be provided through operating system functions for displaying
text. The minimum information that shall be made available is text
content, text input caret location, and text attributes.
(G) [(vii)] Applications shall
not override user selected contrast and color selections and other
individual display attributes.
(H) [(viii)] When animation is
displayed, the information shall be displayable in at least one non-animated
presentation mode at the option of the user.
(I) [(ix)] Color coding shall
not be used as the only means of conveying information, indicating
an action, prompting a response, or distinguishing a visual element.
(J) [(x)] When a product permits
a user to adjust color and contrast settings, a variety of color selections
capable of producing a range of contrast levels shall be provided.
(K) [(xi)] Software shall not
use flashing or blinking text, objects, or other elements having a
flash or blink frequency greater than 2 Hz and lower than 55 Hz.
(L) [(xii)] When electronic forms
are used, the form shall allow people using assistive technology to
access the information, field elements, and functionality required
for completion and submission of the form, including all directions and cues.
(14) [(N)] When electronic forms
are designed to be completed on-line, the form shall allow people
using assistive technology to access the information, field elements,
and functionality required for completion and submission of the form,
including all directions and cues.
(15) [(O)] A method shall be
provided that permits users to skip repetitive navigation links.
(16) [(P)] When a timed response
is required, the user shall be alerted and given sufficient time to
indicate more time is required.
(b) Effective September 1, 2006, unless an exception is approved by the executive director of the state agency or an exemption has been made for specific technologies pursuant to §213.17 of this title, all new or changed Web page/site designs shall be tested by the state agency using one or more §508 compliance tools in conjunction with manual procedures to validate compliance with this chapter. State agencies shall establish policies to monitor their Web site for compliance with this chapter. Additional information about testing tools and resources are available on the department's Web site.
[(2) Effective September 1, 2006,
unless an exception (based on the requirements addressed in §2054.460,
Government Code) is approved by the executive director of the state
agency, new Web page/site designs shall be tested by the state agency
using one or more §508 compliance tools in conjunction with manual
procedures to validate compliance with the Texas Web accessibility
standards. State agencies shall establish policies to monitor their
Web site for compliance with the Texas Web accessibility standards.
Additional information about testing tools and resources are in the
State Web Site guidelines that are available from http://www.dir.state.tx.us.]
(c) [(3)] Each state Web site
shall avoid vendor specific "non-standard" extensions and shall comply
with applicable standards (e.g., IEFT (if using secure socket layer
(SSL) connections), W3C (if using Cascading Style Sheets (CSS) and
validated using the W3C CSS Validation Service), etc. For guidance
regarding "non-standard" extensions, emerging technologies and applicable
standards, state agencies shall refer to the department's guidelines
[available at http://www.dir.state.tx.us].
(d) [(4)] The policy should cover
testing and validation of Web pages.
(e) [(5)] Each state Web site
should be designed with consideration for the types of Internet connections
available to the citizens of Texas, and undergo accessibility and
usability testing.
(f) [(6)] Testing/validation
tools and manual procedures for validating [
§508 compliance satisfy] compliance with
Chapter 2054, Subchapter M, Texas Government Code [
the Texas Web accessibility standards].
[(7) All state agencies shall participate
in the survey and should participate in the training identified by
the department in the State Web Site guidelines available at http://www.dir.state.tx.us.
As a minimum, Web content providers/developers should understand the
requirements for complying with §508 requirements for the following:]
[(A) Text Alternatives for non-text content.]
[(B) Checking for Accessibility.]
[(C) Accessible Navigation.]
[(D) Image maps.]
[(E) Audio & Multimedia.]
[(F) Accessible Forms.]
[(G) Accessible Tables.]
[(H) Scripts and Applets.]
[(I) Using Style Sheets.]
[(8) The lack of commercial availability
of products, including computer software, and specific technologies
that would impose a significant difficulty or expense on state agencies
are identified under "Exceptions and Emerging Technologies" in the
Accessibility Section of the State Web Site Guidelines available from
http://www.dir.state.tx.us.]
§206.51.Accessibility Policy and Coordinator .
(a) Each state agency shall develop
and publish an accessibility policy, by June 30, 2009, which includes
the standards and specifications of this chapter. [The
home page of a state Web site, and key public entry points, shall
include an "Accessibility" link to, or a "Site Policies" link to a
Web page that contains the state agency's accessibility policy, site
validation (e.g., §508), contact information for the agency's
accessibility coordinator, and a link to the Governor's Committee
on People with Disabilities Web site.]
(b) Each state agency's accessibility policy shall include a plan by which all non-compliant Web pages, Web sites and Web applications will be brought into compliance with the specifications and standards of this chapter.
(c) The department shall develop and publish a standard operating procedure to manage agency non-compliance identified through a survey, including a process for corrective action plan.
(d) Each state agency shall appoint an accessibility coordinator to develop, support and maintain their internal accessibility policy.
§206.54.State Web Site Link and Privacy Policy.
The following outlines the policies for linking to,
using [the use of
], or copying information from state agency Web sites
and protecting the personal information of members of the public who
access state agency information through a state agency Web site. It
also requires that state agencies link to the policy.
(1) Requirements Applicable to Those Linking to State Agency Web Sites.
(A) Linking to State Agency Web Sites. Organizations
and individuals (the site owner) are encouraged to link to state agency
information. Advance permission is not required before linking. Links
should be made using the appropriate base
uniform resource locator(URL) [
URL of www.agency-identifier.state.tx.us or such
other URL as the agency may use
]. Because state agencies may
change subpages at any time without notice, the site owner should
routinely verify links to state agency subpages.
(B) What State Agency and Institution of Higher Education Site Owners May Not Do in Linking to State Agency Web Sites.
(i) Site owners may not capture state agency pages within the site owner's frames, present state agency Web site content as that of the site owner, otherwise misrepresent the content of the state agency pages or misinform users about the origin or ownership of the content of the state agency Web site.
(ii) Any link to a state agency site should be a full forward link that passes the client browser to the state agency site unencumbered.
(iii) The BACK button should return the visitor to the site owner's site if the visitor wishes to back out.
(iv) Although the content of state agency Web sites is available to the public, certain information on some state agency Web sites may be trademarked, service marked, or otherwise protected as the state agency's intellectual property, and all agency content is protected by federal copyright laws. Use of protected intellectual property must be in accordance with federal and state law and must reflect the copyright, trademark, service mark or other intellectual property ownership of the state agency.
(v) Site owners should not link to individual state agency graphics or tables within state agency pages, especially in an effort to place the downloading burden on the state agency servers. Such an action may be considered a misuse of state resources. Site owners should contact the appropriate state agency to request permission to use a copy of the state agency's graphics within the site owner's pages.
(C) Accessibility. Owners of sites linked to state agency pages shall use reasonable efforts to ensure that persons with disabilities may access these sites.
(D) Copying and Use of Information by Web Site Owners Linking to State Agency Sites.
(i) The information posted on a state agency Web site may be copied so long as it is presented in a non-misleading way and does not imply that either the site owner or the information, as it is presented on the site owner's Web site, is endorsed by the State.
(ii) Use of the information must identify the state agency that is the source of the information, its Web address, the date the information was copied from the state agency's Web site by the site owner and must be accompanied by a statement that neither the site owner nor the information, as it is presented on the site owner's Web site, is endorsed by the State or any state agency.
(iii) A state agency may not charge a fee to access, use or reproduce information on its Web site or to link to information on its Web site, unless specifically authorized to do so by the Texas Legislature.
(iv) To protect the intellectual property of state agencies, copied information must reflect the copyright, trademark, service mark or other intellectual property rights of the state agency whose protected information is being used by the site owner.
(E) Links From a State Agency Web Site.
(i) A state agency that only provides links to other state agencies and institutions of higher education will post a link to this State Web Site Link and Privacy Policy.
(ii) A state agency that provides links to private Web sites shall publish a linking policy that includes its standards and criteria for linking to the private Web site.
(iii) State agencies are strongly encouraged to publish a disclaimer policy that specifically disclaims liability and responsibility for private Web site content.
(iv) State agencies that link to private Web sites will post a link to this State Web Site Link and Privacy Policy from the Web page that identifies their specific policies.
(2) Protection of the Privacy Rights of Individuals by Non-Judiciary State Governmental Bodies.
(A) Under Texas law, Chapter 559, Texas Government Code, unless a state governmental body, other than a state governmental body that is part of the judiciary, is allowed to withhold requested information from an individual pursuant to Chapter 552, Texas Government Code (the Texas Public Information Act), the individual is entitled to be informed about information collected by the state governmental body about that individual.
(B) Each non-judiciary state governmental body that collects information about an individual by means of a form that the individual completes and files with the state governmental body in a paper format or in an electronic format on an Internet site shall prominently state, on the paper form and prominently post on the state governmental body's Internet site in connection with the electronic form, that:
(i) with few exceptions, the individual is entitled on request to be informed about the information that the state governmental body collects about the individual;
(ii) the individual is entitled to receive and review the information; and
(iii) the individual is entitled to have the state governmental body correct incorrect information about the individual.
(C) Each non-judiciary state governmental body that collects information about an individual by means of an Internet site or that collects information about the computer network location or identity of a user of the Internet site shall prominently post on the state governmental body's Internet site:
(i) what information is being collected through the site about the individual; and
(ii) what information is being collected through the site about the computer network location or identity of a user of the state governmental body's Internet site, including what information is being collected by means that are not obvious.
(D) Each non-judiciary state governmental body must establish a reasonable procedure under which individuals may have incorrect information about them that is held by the state governmental body corrected. The correction procedure may not unduly burden the individual seeking to have information corrected.
(E) Each non-judiciary state governmental body shall identify its information collection practices and post that information in its Internet site privacy and security policy. The e-mail addresses of members of the public that are provided to non-judiciary state governmental bodies for electronic communication with state governmental bodies are confidential and may not be disclosed by state governmental bodies unless the affected member of the public affirmatively consents to the disclosure of his or her e-mail address.
(3) Requirements Applicable to State Agencies.
(A) With the exception of confidential information,
information protected by laws designed to protect an individual's
privacy interests, information that might assist terrorists or other
malevolent actors in exploiting, creating or enhancing vulnerabilities
and information not subject to disclosure under the Texas Public Information
Act, state agencies are encouraged to post information on the Internet
in an accessible format. Refer to guidelines in §206.50
of this chapter. [
Information about the design and posting
of information on state Web sites is available at http://www.dir.state.tx.us/standards/srrpub11.htm.]
(B) State agencies may not sell or release the e-mail addresses of members of the public that have been provided to communicate electronically with a government body without the affirmative consent of the affected member of the public.
§206.55.Linking and Indexing State Web Sites.
(a) All new or changed HTML documents on a state agency Web site that meet the criteria of a "state publication" as defined by the Texas State Library and Archives Commission shall include the meta tags required by the Texas State Library and Archives Commission (13 TAC §3.9).
(b) The home page of a State Web Site, and key public entry points, shall include an "Accessibility" link to, or a "Site Policies" link to a Web page that contains the state agency's accessibility policy, site validation (e.g., Chapter 2054, Subchapter M, Texas Government Code), contact information for the agency's accessibility coordinator, and a link to the Governor's Committee on People with Disabilities Web site.
(c) [(b)] The home page of a
state Web site shall incorporate TRAIL metadata and shall:
(1) Provide links to the following State of Texas resources:
(A) Texas home page;
(B) Texas Homeland Security Web site;
(C) Link Policy, or the Site Policies page;
(D) TRAIL, Statewide Search Web site.
(2) Provide individual links to the following information, or to the Site Policies page with links to the following:
(A) Privacy and Security policy;
[(B) Accessibility policy;]
(B) [(C)] State agency contact [
Contact] information;
(C) [(D)] Description of the
Open Records/Public Information Act policy/procedures of the state agency;
(D) [(E)] Compact With [with
] Texans.
(d) [(c)] All key public entry
points shall provide a link to the following:
(1) Agency home page;
(2) Provide individual links to the following, or a link to the Site Policies page with links to the following:
(A) [(3)] State agency contact [
Contact] information;
[(4) Accessibility policy;]
(B) [(5)] Privacy and Security policy.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802703
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-6124
1 TAC §§206.70, 206.71, 206.74, 206.75
The amendments are proposed under §2054.052(a) and §2054.453, Texas Government Code.
No other statutes are affected by the proposal.
§206.70.Accessibility and Usability of Institution of Higher Education Web Sites.
(a) Effective September 1, 2006, unless
an exception is approved by the president or chancellor of an institution
of higher education or an exemption has been made for specific technologies
pursuant to §213.37 of this title, all new or changed Web pages/content
shall comply with the standards described in this subchapter. Each
institution of higher education shall include in its accessibility
policy the following standards/specifications: [
Each institution of higher education shall develop and publish an accessibility policy
for its Web site and/or Web pages that addresses the following:]
[(1) Effective September 1, 2006,
unless an exception is approved by the president or chancellor of
the institution of higher education, pursuant to §2054.460, Government
Code, all new or redesigned Web pages/content shall comply with the
following Texas Web accessibility standards/specifications, where
applicable:]
(1) [(A)] A text equivalent for
every non-text element shall be provided (e.g., via "alt," "longdesc,"
or in element content).
(2) [(B)] Upon receiving a request
for accommodation of a Web cast of an open meeting (as defined in
the Open Meetings Act, Chapter 551, Texas Government Code) or of training/informational
video productions which support the institution of higher education's
mission, each institution of higher education which receives such
a request for accommodation shall provide an alternative form(s) of
accommodation in accordance with §2054.456 and §2054.457,
Texas Government Code. Refer to §206.1 of this chapter
for definitions for Alternate Format and Alternate Methods. [
(Examples of different technologies and forms of accommodation and additional
information for institutions of higher education to consider in the
development of accessible training and informational video productions
are available in the Accessibility Section of the State Web Site Guidelines
under "Multimedia, Audio, and Video Files" available from http://www.dir.state.tx.us.)]
(3) [(C)] Web pages shall be
designed so that all information conveyed with color is also available
without color.
(4) [(D)] Documents shall be
organized so they are readable without requiring an associated style sheet.
(5) [(E)] Redundant text links
shall be provided for each active region of a server-side image map.
(6) [(F)] Client-side image maps
shall be provided instead of server-side image maps except where the
regions cannot be defined with an available geometric shape.
(7) [(G)] Row and column headers
shall be identified for data tables.
(8) [(H)] Markup shall be used
to associate data cells and header cells for data tables that have
two or more logical levels of row or column headers.
(9) [(I)] Frames shall be titled
with text that facilitates frame identification and navigation.
(10) [(J)] Pages shall be designed
to avoid causing the screen to flicker with a frequency greater than
2 Hz and lower than 55 Hz.
(11) [(K)] An alternative version [
A text only] page, with equivalent information
or functionality, shall be provided to make a Web site comply with
the provisions of this section, when compliance cannot be accomplished
in any other way. The content of the alternative [
text-only] page shall be updated whenever the primary page changes.
(12) [(L)] When pages utilize
scripting languages to display content, or to create interface elements,
the information provided by the script shall be identified with functional
text that can be read by assistive technology.
(13) [(M)] When a Web page requires
that an applet, plug-in or other application be present on the client
system to interpret page content, the page must provide a link to
a plug-in or applet that complies with the following:
(A) [(i)] When software is designed
to run on a system that has a keyboard, product functions shall be
executable from a keyboard where the function itself or the result
of performing a function can be discerned textually.
(B) [(ii)] Applications shall
not disrupt or disable activated features of other products that are
identified as accessibility features, where those features are developed
and documented according to industry standards. Applications also
shall not disrupt or disable activated features of any operating system
that are identified as accessibility features where the application
programming interface for those accessibility features has been documented
by the manufacturer of the operating system and is available to the
product developer.
(C) [(iii)] A well-defined on-screen
indication of the current focus shall be provided that moves among
interactive interface elements as the input focus changes. The focus
shall be programmatically exposed so that assistive technology can
track focus and focus changes.
(D) [(iv)] Sufficient information
about a user interface element including the identity, operation and
state of the element shall be available to assistive technology. When
an image represents a program element, the information conveyed by
the image must also be available in text.
(E) [(v)] When bitmap images
are used to identify controls, status indicators, or other programmatic
elements, the meaning assigned to those images shall be consistent
throughout an application's performance.
(F) [(vi)] Textual information
shall be provided through operating system functions for displaying
text. The minimum information that shall be made available is text
content, text input caret location, and text attributes.
(G) [(vii)] Applications shall
not override user selected contrast and color selections and other
individual display attributes.
(H) [(viii)] When animation is
displayed, the information shall be displayable in at least one non-animated
presentation mode at the option of the user.
(I) [(ix)] Color coding shall
not be used as the only means of conveying information, indicating
an action, prompting a response, or distinguishing a visual element.
(J) [(x)] When a product permits
a user to adjust color and contrast settings, a variety of color selections
capable of producing a range of contrast levels shall be provided.
(K) [(xi)] Software shall not
use flashing or blinking text, objects, or other elements having a
flash or blink frequency greater than 2 Hz and lower than 55 Hz.
(L) [(xii)] When electronic forms
are used, the form shall allow people using assistive technology to
access the information, field elements, and functionality required
for completion and submission of the form, including all directions and cues.
(14) [(N)] When electronic forms
are designed to be completed on-line, the form shall allow people
using assistive technology to access the information, field elements,
and functionality required for completion and submission of the form,
including all directions and cues.
(15) [(O)] A method shall be
provided that permits users to skip repetitive navigation links.
(16) [(P)] When a timed response
is required, the user shall be alerted and given sufficient time to
indicate more time is required.
(b) Effective September 1, 2006, unless an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to §213.37 of this title, all new Web page/site designs shall be tested by the institution of higher education using one or more §508 compliance tools in conjunction with manual procedures to validate compliance with this chapter. Institutions of higher education shall establish policies to monitor their Web site for compliance with this chapter. Additional information about testing tools and resources are available from the department's Web site.
[(2) Effective September 1, 2006,
unless an exception is approved by the president or chancellor of
the institution of higher education pursuant to §2054.460, Government
Code, new Web page/site designs shall be tested by the institution
of higher education using one or more §508 compliance tools in
conjunction with manual procedures to validate compliance with the
Texas Web accessibility standards. Institutions of higher education
shall establish policies to monitor their Web site for compliance
with the Texas Web accessibility standards. Additional information
about testing tools and resources are in the State Web Site Guidelines
that are available from http://www.dir.state.tx.us.]
(c) [(3)] Each state Web site
shall avoid vendor specific "non-standard" extensions and shall comply
with applicable standards (e.g., IEFT (if using secure socket layer
(SSL) connections), W3C (if using Cascading Style Sheets (CSS) and
validated using the W3C CSS Validation Service), etc. For guidance
regarding "non-standard" extensions, emerging technologies and applicable
standards, state agencies shall refer to the department's guidelines
[available at http://www.dir.state.tx.us].
(d) [(4)] The policy should cover
testing and validation of Web pages.
(e) [(5)] Each state Web site
should be designed with consideration for the types of Internet connections
available to the citizens of Texas, and undergo accessibility and
usability testing.
(f) [(6)] Testing/validation
tools and manual procedures for validating [
§508 compliance satisfy] compliance with
Chapter 2054, Subchapter M, Texas Government Code [
the Texas Web accessibility standards].
[(7) All institutions of higher education
shall participate in the survey and should participate in the training
identified by the department in the State Web Site guidelines available
at http://www.dir.state.tx.us. As a minimum, Web content providers/developers
should understand the requirements for complying with §508 requirements
for the following:]
[(A) Text Alternatives for non-text content.]
[(B) Checking for Accessibility.]
[(C) Accessible Navigation.]
[(D) Image maps.]
[(E) Audio & Multimedia.]
[(F) Accessible Forms.]
[(G) Accessible Tables.]
[(H) Scripts and Applets.]
[(I) Using Style Sheets.]
[(8) The lack of commercial availability
of products, including computer software, and specific technologies
that would impose a significant difficulty or expense on institutions
of higher education are identified under "Exceptions and Emerging
Technologies" in the Accessibility Section of the State Web Site Guidelines
available from http://www.dir.state.tx.us.]
§206.71.Accessibility Policy and Coordinator .
(a) Each institution of higher education
shall develop and publish an accessibility policy, by June 30, 2009,
which includes the standards and specifications of this chapter. [
The home page of an institution of higher education Web site, and
key public entry points, shall include an "Accessibility" link to,
or a "Site Policies" link to a Web page that contains the institution
of higher education accessibility policy, site validation (e.g., §508),
contact information for the accessibility coordinator, and a link
to the Governor's Committee on People with Disabilities Web site.]
(b) Each institution of higher education's accessibility policy shall include a plan by which all non-compliant Web pages, Web sites and Web applications will be brought into compliance with the specifications and standards of this chapter.
(c) The department shall develop and publish a standard operating procedure to manage agency non-compliance identified through a survey, including a process for corrective action plan.
(d) Each institution of higher education shall appoint an accessibility coordinator to develop, support and maintain their internal accessibility policy.
§206.74.State Web Site Link and Privacy Policy.
The following outlines the policies for linking to,
using [the use of
], or copying information from institution of higher
education Web sites and protecting the personal information of members
of the public who access information through an institution of higher
education Web site. It also requires that institutions of higher education
link to the policy.
(1) Requirements Applicable to Those Linking to Institution of Higher Education Web Sites.
(A) Linking to Institution of Higher Education Web
Sites. Organizations and individuals (the site owner) are encouraged
to link to institution of higher education information. Advance permission
is not required before linking. Links should be made using the appropriate
base uniform resource locator (URL) [
URL of www.institution
of higher education-identifier.edu or state.tx.us or such other URL
as the institution of higher education may use
]. Because institutions
of higher education may change subpages at any time without notice,
the site owner should routinely verify links to institution of higher
education subpages.
(B) What State Agency and Institution of Higher Education Site Owners May Not Do in Linking to Institution of Higher Education Web Sites.
(i) Site owners may not capture institution of higher education pages within the site owner's frames, present institution of higher education Web site content as that of the site owner, otherwise misrepresent the content of the institution of higher education pages or misinform users about the origin or ownership of the content of the institution of higher education Web site.
(ii) Any link to an [a]
institution of higher education site should be a full forward link
that passes the client browser to the institution of higher education
site unencumbered.
(iii) The BACK button should return the visitor to the site owner's site if the visitor wishes to back out.
(iv) Although the content of institution of higher education Web sites is available to the public, certain information on some institution of higher education Web sites may be trademarked, service marked, or otherwise protected intellectual property of the institution of higher education. All content is protected by federal copyright laws. Use of protected intellectual property must be in accordance with federal and state law and must reflect the copyright, trademark, service mark or other intellectual property ownership of the institution of higher education.
(v) Site owners should not link to individual institution of higher education graphics or tables within institution of higher education pages, especially in an effort to place the downloading burden on the institution of higher education servers. Such an action may be considered a misuse of state resources. Site owners should contact the appropriate institution of higher education to request permission to use a copy of the institution of higher education's graphics within the site owner's pages.
(C) Accessibility. Owners of sites linked to institution of higher education pages shall use reasonable efforts to ensure that persons with disabilities may access these sites.
(D) Copying and Use of Information by Web Site Owners Linking to Institution of Higher Education Web Sites.
(i) Much of the information posted on institution of higher education Web sites is owned by the individual who posts it rather than by the institution of higher education, pursuant to the institution of higher education's intellectual property policies. Whether information is owned by the institution of higher education or by an individual, permission should be obtained from the content owner for any use beyond fair use.
(ii) Such materials may only be used in accordance with any limitations requested by the owner.
(E) Links from an Institution of Higher Education Web Site.
(i) An institution of higher education that only provides links to other institutions of higher education and state agencies will post a link to this State Web Site Link and Privacy Policy.
(ii) An institution of higher education that provides links to private Web sites shall publish a linking policy that includes its standards and criteria for linking to the private Web site. Institutions of higher education are strongly encouraged to publish a disclaimer policy that specifically disclaims liability and responsibility for private Web site content. Institutions of higher education that link to private Web sites will post a link to this State Web Site Link and Privacy Policy from the Web page that identifies their specific policies.
(2) Protection of the Privacy Rights of Individuals by Non-Judiciary State Governmental Bodies.
(A) Under Texas law, Chapter 559, Texas Government Code, unless a state governmental body, other than a state governmental body that is part of the judiciary, is allowed to withhold requested information from an individual pursuant to Chapter 552, Texas Government Code (the Texas Public Information Act), the individual is entitled to be informed about information collected by the state governmental body about that individual.
(B) Each institution of higher education that collects information about an individual by means of a form that the individual completes and files with the institution of higher education in a paper format or in an electronic format on an Internet site shall prominently state, on the paper form and prominently post on its Internet site in connection with the electronic form, that:
(i) with few exceptions, the individual is entitled on request to be informed about the information that collected about the individual;
(ii) the individual is entitled to receive and review the information; and
(iii) the individual is entitled to have the institution of higher education correct incorrect information about the individual.
(C) Each institution of higher education that collects information about an individual by means of an Internet site or that collects information about the computer network location or identity of a user of the Internet site shall prominently post on its Internet site:
(i) what information is being collected through the site about the individual; and
(ii) what information is being collected through the site about the computer network location or identity of a user of the Internet site, including what information is being collected by means that are not obvious.
(D) Each institution of higher education must establish a reasonable procedure under which individuals may have incorrect information about them corrected. The correction procedure may not unduly burden the individual seeking to have information corrected.
(E) Each institution of higher education shall identify its information collection practices and post that information in its Internet site privacy and security policy. The e-mail addresses of members of the public that are provided to institutions of higher education for electronic communication are confidential and may not be disclosed by the institution of higher education unless the affected member of the public affirmatively consents to the disclosure of his or her e-mail address.
(3) Requirements Applicable to Institutions of Higher Education.
(A) With the exception of confidential information,
information protected by laws designed to protect an individual's
privacy interests, information that might assist terrorists or other
malevolent actors in exploiting, creating or enhancing vulnerabilities,
and information not subject to disclosure under the Texas Public Information
Act, institutions of higher education are encouraged to post information
on the Internet in an accessible format. Refer to guidelines
in §206.70 of this chapter. [Information about the
design and posting of information on state Web sites is available
at http://www.dir.state.tx.us/standards/srrpub11.htm.]
(B) Institutions of higher education may not sell or release the e-mail addresses of members of the public that have been provided to communicate electronically with the institution of higher education without the affirmative consent of the affected member of the public.
§206.75.Linking and Indexing State Web Sites.
(a) All new or changed HTML documents on an institution of higher education Web site that meet the criteria of a "state publication" as defined by the Texas State Library and Archives Commission shall include the meta tags required by the Texas State Library and Archives Commission (13 TAC §3.9).
(b) The home page of a State Web Site, and key public entry points, shall include an "Accessibility" link to, or a "Site Policies" link to a Web page that contains the institution of higher education's accessibility policy, site validation (e.g., Chapter 2054, Subchapter M, Texas Government Code), contact information for the institution of higher education's accessibility coordinator, and a link to the Governor's Committee on People with Disabilities Web site.
(c) [(b)] The home page of each
institution of higher education Web site shall incorporate TRAIL metadata
and shall:
(1) Provide links to the following State of Texas resources:
(A) Texas home page;
(B) Texas Homeland Security Web site;
(C) Link Policy, or the Site Policies page;
(D) TRAIL, Statewide Search Web site.
(2) Provide individual links to the following institution of higher education information, or to the Site Policies page with links to the following:
(A) Privacy and Security policy;
[(B) Accessibility policy;]
(B) [(C)] Institution of higher
education contact information;
(C) [(D)] Description of the
Open Records/Public Information Act policy/procedures of the institution
of higher education;
(D) [(E)] Compact With [with
] Texans.
(d) [(c)] All key public entry
points shall provide links to the following:
(1) Institution of higher education home page;
(2) Provide individual links to the following institution of higher education information, or to the Site Policies page with links to the following:
(A) [(3)] Institution of higher
education contact information;
[(4) Accessibility policy;]
(B) [(5)] Privacy and Security policy.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802704
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-6124
The Texas Department of Information Resources (department) proposes amendments to 1 TAC Chapter 213, §§213.1, 213.10 - 213.17, and 213.30 - 213.37; and new §§213.18 - 213.21 and §§213.38 - 213.41, concerning Electronic and Information Resources. The proposed changes include the addition of new definitions and the modification of some existing definitions in §213.1; a requirement in §213.21 and §213.41, respectively, that each agency and institution of higher education must develop and publish an accessibility policy by June 30, 2009. The rules require that the accessibility policy include a plan for non-compliance remediation, the department to develop and publish a procedure to manage non-compliance, and agencies and institutions of higher education to appoint an accessibility coordinator. The proposed changes include a clarification at the beginning of 1 TAC §§213.10 - 213.16 and 1 TAC §§213.30 - 213.36 stating that unless an exception is approved by the agency's executive director or an exemption has been made for specific technologies under §213.17 or §213.37 of this chapter, effective September 1, 2006, all electronic and information resources developed, procured or changed by the state agency or institution of higher education must comply with the requirements of these rules. The proposed changes also include new §213.19 and §213.39 concerning accessibility training and technical assistance; and new §213.20 and §213.40, concerning accessibility surveys and reporting requirements. The proposed changes implement requirements of Texas Government Code, Chapter 2054, Subchapter M, Access to Electronic and Information Resources by Individuals With Disabilities.
The department proposes to change the title of Subchapter B from "Electronic and Information Resources for State Agencies" to "Accessibility Standards for State Agencies" and Subchapter C from "Electronic and Information Resources for Institution of Higher Education" to "Accessibility Standards for Institutions of Higher Education" to clarify that the rules are the accessibility standards for electronic and information resources. The changes to the proposed rules apply to both state agencies and institutions of higher education.
1 TAC §213.1, Applicable Terms and Technologies for Electronic and Information Resources
In §213.1 the department proposes to add the following definitions because of new or revised content in 1 TAC Chapter 213: "Commercially unavailable", "Exception", "Exemption", and "Training/Technical Assistance".
The definition of "Information Technology" was broadened for clarification.
1 TAC §§213.10 - 213.16 (Electronic and Information Resources for State Agencies) and §§213.30 - 213.36 (Electronic and Information Resources for Institution of Higher Education)
The following change was made to §§213.10 - 213.16 (for state agencies) and §§213.30 - 213.36 (for institution of higher education):
An introductory paragraph is added to each section providing for compliance with the rules unless an exception has been granted by an agency's executive director or the president or chancellor of an institution of higher education or an exemption has been granted by the department. The paragraph references the requirements in proposed 1 TAC §213.17 and §213.37, Compliance Exceptions and Exemptions.
1 TAC §213.17 and §213.37, State Agency Application/Institution of Higher Education Application
The department proposes a revision to the title of §213.17 and §213.37 from "State Agency Application/Institution of Higher Education Application" to "Compliance Exceptions and Exemptions". Pursuant to §2054.460(d), Texas Government Code, Exception for Significant Difficulty or Expense, and §2054.461, Texas Government Code, Exemptions, the department is granted the authority to adopt rules regarding the exemption of electronic and information technology resources from the standards and specifications related to accessibility. The proposed rule lists requirements to guide state agencies on how to request and document exceptions and exemptions. The department proposes that this revised rule replace existing 1 TAC §213.17, State Agency Application, and 1 TAC §213.37, Institutions of Higher Education Application. The department proposes to delete the existing rule and move parts of it to 1 TAC §213.18 and §213.38, Procurements.
The department proposes to add the following new sections:
1 TAC §213.18 and §213.38, Procurements.
Pursuant to §2054.453 (a), Texas Government Code, Compliance With Federal Standards and Laws, the department is granted the authority to adopt rules and evaluation criteria, including rules regarding: (1) the development, procurement, maintenance, and use of electronic and information resources by state agencies to provide access to individuals with disabilities; and (2) a procurement accessibility policy. The content regarding procurement for the proposed rules was moved from the existing 1 TAC §213.17, State Agency Application, and 1 TAC §213.37, Institutions of Higher Education Application. The proposed rule also allows state agencies and institutions of higher education to comply with an internal procurement policy as an alternative to the requirement to use the Voluntary Product Accessibility Template (VPAT) or the Accessibility Wizard.
1 TAC §213.19 and §213.39, Accessibility Training and Technical Assistance.
Pursuant to §2054.452, Texas Government Code, Training and Technical Assistance, the department is granted the authority to provide training and technical assistance to state agencies and institutions of higher education regarding accessibility compliance, and to adopt rules to implement this section. The proposed rules provide for roles and responsibilities of the department, state agencies and institutions of higher education in providing accessibility training.
1 TAC §213.20 and §213.40, Accessibility and Reporting Requirement.
Pursuant to §2054.464, Texas Government Code, Survey; Reporting Requirements, the department is granted the authority to adopt guidelines regarding: (1) an electronic and information resources state agency survey; and (2) state agency reporting requirements for implementation of this subchapter. The proposed rule addresses the requirement that the department conduct an electronic and information resources survey to determine state agencies' and institutions of higher education's compliance with 1 TAC Chapter 206 and Chapter 213 requirements.
1 TAC §213.21 and §213.41, Accessibility Policy and Coordinator.
Accessibility is related to both information technology and Web site rules. Because some people may not have a need to look at the rules in 1 TAC Chapter 206 regarding Accessibility Standards for State Web Sites, the requirements for the accessibility policy and accessibility coordinator are also proposed for 1 TAC §213.21 and §213.41, Accessibility Policy and Coordinator.
The department proposes to add new subsections (a) - (c) regarding Accessibility policy requirements.
The department proposes to add a new subsection (d) adding the requirement for an Accessibility Coordinator for state agencies and institutions of higher educations.
IMPACT ON STATE AGENCIES AND INSTITUTIONS OF HIGHER EDUCATION
The rule changes should have a minimal impact because most of the requirements for the rules became law on September 1, 2006. Some comments of concern have been expressed about the cost of bringing Web pages and PDF documents into compliance. This is already a requirement of the existing rules in 1 TAC Chapter 206. The only significant new requirement is set forth in 1 TAC §§206.51, 206.71, 213.21 and 213.41, Accessibility Policy and Coordinator, which require each agency and institution of higher education to have an accessibility coordinator. The impact will vary depending on if the agency or institution of higher education already has someone on staff in that position or if they have to hire someone. The estimated cost for hiring someone for the position is stated in the fiscal note below.
Because the proposed rules apply to institutions of higher education, the department, in consultation with the Information Technology Council for Higher Education, prepared an analysis of the impact of the rules that included consideration of the requirements in Chapter 2054, Subchapter M, Texas Government Code. Issues and concerns regarding the potential impact of the rules on higher education and student populations were identified, including: (1) the proposed rules require certain approvals by the agency head. Institutions of higher education requested that exceptions be approved by someone other than the head of the institution; (2) the term "Web page" should be clarified; (3) change the proposed 1 TAC §213.38 to allow institutions of higher education to comply with an internal procurement policy as an alternative to the requirement to use the Voluntary Product Accessibility Template (VPAT) or the Accessibility Wizard; and (4) certain other definitions should be revised. The department proposed alternatives to address the issues, which were acceptable to the Information Technology Council for Higher Education, including: (1) explaining that approval of exceptions by the institution of higher education's president or chancellor was statutorily required, but could be addressed by internal policies and procedures; (2) revising the term "Web page"; (3) allowing institutions of higher education to comply with an internal procurement policy as an alternative to being required to use the VPAT or the Accessibility Wizard as originally proposed in 1 TAC §213.38; and (4) changing certain definitions.
FISCAL NOTE
Ginger Salone, Deputy Executive Director of Statewide Technology Service Delivery, has determined that for the first five-year period the rules are in effect, the fiscal impact to state agencies and institutions of higher education is approximately $11 million. This cost is related to the change in rule that requires state agencies and institutions of higher education to designate an Accessibility Coordinator for their agencies. Sixty two agencies have indicated they do not currently have an Accessibility Coordinator designated. Depending on the size of the agency, the department estimates that the requirements of this position will vary from fifteen percent of a full-time equivalent (FTE) for agencies with less than 100 FTEs, a total of $1.1 million; fifty percent of an FTE for agencies with less than 1,000 FTEs, a total of $4 million; and one hundred percent of an FTE for agencies with 1,000 FTEs and greater, a total of $5.9 million.
PUBLIC BENEFIT
The department is committed to making electronic and information resources usable by people of all abilities and disabilities. The department worked in collaboration with other government entities to develop these proposed rule changes. Ms. Salone has determined that for each year of the first five years the proposed rules are in effect the public benefits anticipated as a result of enforcing or administering the rules will be that all users of electronic and information resources covered by these rules will have equal access to state government. There are no anticipated economic costs to persons or small businesses required to comply with the proposed rules.
Comments on the proposed amendments and new rules may be submitted to Martin Zelinsky, Assistant General Counsel, Department of Information Resources, 300 West 15th Street, Suite 1300, Austin, Texas 78701, martin.zelinsky@dir.state.tx.us, for 30 days following publication of the proposal in the Texas Register.
Subchapter A. DEFINITIONS
The amendments are proposed under §2054.052(a) and §2054.453, Texas Government Code.
No other statutes are affected by this proposal.
§213.1.Applicable Terms and Technologies for Electronic and Information Resources.
The following words and terms, when used with this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Alternate formats--Alternate formats usable by people with disabilities may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this chapter.
(2) Alternate methods--Different means of providing information, including product documentation, to people with disabilities. Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.
(3) Assistive technology--Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.
(4) Buy Accessible Wizard--A Web-based [web-based
] application (http://www.buyaccessible.gov) that guides users
through a process of gathering data and providing information about
Electronic and Information Resources and §508 compliance, or
other tools/resources developed by or for the Federal Government to
indicate product/service compliance with the Section 508 standards
(http://www.section508.gov).
(5) Commercially unavailable--An electronic or information resource for a specific function or business area that is not available in the commercial marketplace for purchase or development.
(6) [(5)
] Electronic and information
resources--Includes information technology and any equipment or interconnected
system or subsystem of equipment, that is used in the creation, conversion,
[or] duplication, or delivery
of data or information.
The term electronic and information resources 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.
(7) [(6)] Electronic and information
resources accessibility standards--Texas accessibility standards for
Electronic and Information Resources that comply with the applicable
specifications contained in Subchapter B, §§213.10 - 213.16
of this chapter for state agencies and Subchapter C, §§213.30
- 213.36 of this chapter for institutions of higher education.
(8)Exception--A justified, documented non-conformance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title, which has been approved by the Executive Director of an Agency or the President or Chancellor of an Institution of Higher Education.
(9) Exemption--A justified, documented non-conformance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title, which has been approved by the department and which is applicable statewide.
(10) [(7)
] Information technology--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 includes computers
(including desktop and laptop computers), ancillary equipment,
desktop software, client-server software, mainframe software,
Web application software and other types of software, firmware
and similar procedures, services (including support services), and
related resources.
(11) [(8)] Operable controls--A
component of a product that requires physical contact for normal operation.
Operable controls include, but are not limited to, mechanically operated
controls, input and output trays, card slots, keyboards, and keypads.
(12) [(9)] Product--Electronic
and information technology.
(13) [(10)] Self Contained, Closed
Products--Products that generally have embedded software and are commonly
designed in such a fashion that a user cannot easily attach or install
assistive technology. These products include, but are not limited
to, information kiosks and information transaction machines, copiers,
printers, calculators, fax machines, and other similar products.
(14) [(11)] Telecommunications--The
transmission, between or among points specified by the user, of information
of the user's choosing, without change in the form or content of the
information as sent and received.
(15) Training/Technical Assistance--Accessibility training and technical assistance for Web content providers/developers on compliance with the accessibility standards.
(16) [(12)] TTY--An abbreviation
for teletypewriter. Machinery or equipment that employs interactive
text based communications through the transmission of coded signals
across the telephone network. TTYs may include, for example, devices
known as TDDs (telecommunication display devices or telecommunication
devices for deaf persons) or computers with special modems. TTYs are
also called text telephones.
(17) [(13)] Voluntary Product
Accessibility Template (VPAT)--A Web based summary to assist contracting
officials and other buyers in making preliminary assessments regarding
the availability of commercial Electronic and Information Resources
products and services with features that support accessibility. The
VPAT forms and additional information are available at http://www.section508.gov.
(18) [(14)] Web Accessibility
Standards--Texas Web accessibility standards for Web pages/content
that comply with the applicable specifications contained in Chapter
206, Subchapter B, §206.50(1) of this title for state agencies
and Chapter 206, Subchapter C, §206.70(1) of this title for institutions
of higher education.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802705
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-6124
The amendments and new sections are proposed under §2054.052(a) and §2054.453, Texas Government Code.
No other statutes are affected by the proposal.
§213.10.Software Applications and Operating Systems.
Effective September 1, 2006, unless an exception is approved by the executive director of the state agency or an exemption has been made for specific technologies pursuant to §213.17 of this chapter, all electronic and information resources developed, procured or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall include in its accessibility policy the following standards/specifications:
(1) [(a)] When software is designed
to run on a system that has a keyboard, product functions shall be
executable from a keyboard where the function itself or the result
of performing a function can be discerned textually.
(2) [(b)] Applications shall
not disrupt or disable activated features of other products that are
identified as accessibility features, where those features are developed
and documented according to industry standards. Applications also
shall not disrupt or disable activated features of any operating system
that are identified as accessibility features where the application
programming interface for those accessibility features has been documented
by the manufacturer of the operating system and is available to the
product developer.
(3) [(c)] A well-defined on-screen
indication of the current focus shall be provided that moves among
interactive interface elements as the input focus changes. The focus
shall be programmatically exposed so that assistive technology can
track focus and focus changes.
(4) [(d)] Sufficient information
about a user interface element including the identity, operation and
state of the element shall be available to assistive technology. When
an image represents a program element, the information conveyed by
the image must also be available in text.
(5) [(e)] When bitmap images
are used to identify controls, status indicators, or other programmatic
elements, the meaning assigned to those images shall be consistent
throughout an application's performance.
(6) [(f)] Textual information
shall be provided through operating system functions for displaying
text. The minimum information that shall be made available is text
content, text input caret location, and text attributes.
(7) [(g)] Applications shall
not override user selected contrast and color selections and other
individual display attributes.
(8) [(h) When animation is displayed,
the information shall be displayable in at least one non-animated
presentation mode at the option of the user.
(9) [(i)] Color coding shall
not be used as the only means of conveying information, indicating
an action, prompting a response, or distinguishing a visual element.
(10) [(j)] When a product permits
a user to adjust color and contrast settings, a variety of color selections
capable of producing a range of contrast levels shall be provided.
(11) [(k)] Software shall not
use flashing or blinking text, objects, or other elements having a
flash or blink frequency greater than 2 Hz and lower than 55 Hz.
(12) [(l)] When electronic forms
are used, the form shall allow people using assistive technology to
access the information, field elements, and functionality required
for completion and submission of the form, including all directions
and cues.
§213.11.Telecommunications Products.
Effective September 1, 2006, unless an exception is approved by the executive director of the state agency or an exemption has been made for specific technologies pursuant to §213.17 of this chapter, all electronic and information resources developed, procured or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall include in its accessibility policy the following standards/specifications:
(1) [(a)] Telecommunications
products or systems which provide a function allowing voice communication
and which do not themselves provide a TTY functionality shall provide
a standard non-acoustic connection point for TTYs. Microphones shall
be capable of being turned on and off to allow the user to intermix
speech with TTY use.
(2) [(b)] Telecommunications
products which include voice communication functionality shall support
all commonly used cross-manufacturer non-proprietary standard TTY
signal protocols.
(3) [(c)] Voice mail, auto-attendant,
and interactive voice response telecommunications systems shall be
usable by TTY users with their TTYs.
(4) [(d)] Voice mail, messaging,
auto-attendant, and interactive voice response telecommunications
systems that require a response from a user within a time interval,
shall give an alert when the time interval is about to run out, and
shall provide sufficient time for the user to indicate more time is required.
(5) [(e)] Where provided, caller
identification and similar telecommunications functions shall also
be available for users of TTYs, and for users who cannot see displays.
(6) [(f)] For transmitted voice
signals, telecommunications products shall provide a gain adjustable
up to a minimum of 20 dB. For incremental volume control, at least
one intermediate step of 12 dB of gain shall be provided.
(7) [(g)] If the telecommunications
product allows a user to adjust the receive volume, a function shall
be provided to automatically reset the volume to the default level
after every use.
(8) [(h)] Where a telecommunications
product delivers output by an audio transducer which is normally held
up to the ear, a means for effective magnetic wireless coupling to
hearing technologies shall be provided.
(9) [(i)] Interference to hearing
technologies (including hearing aids, cochlear implants, and assistive
listening devices) shall be reduced to the lowest possible level that
allows a user of hearing technologies to utilize the telecommunications
product.
(10) [(j)] Products that transmit
or conduct information or communication, shall pass through cross-manufacturer,
non-proprietary, industry-standard codes, translation protocols, formats
or other information necessary to provide the information or communication
in a usable format. Technologies which use encoding, signal compression,
format transformation, or similar techniques shall not remove information
needed for access or shall restore it upon delivery.
(11) [(k)] Products which have
mechanically operated controls or keys, shall comply with the following:
(A) [(1)] Controls and keys shall
be tactilely discernible without activating the controls or keys.
(B) [(2)] Controls and keys shall
be operable with one hand and shall not require tight grasping, pinching,
or twisting of the wrist. The force required to activate controls
and keys shall be 5 lbs. (22.2 N) maximum.
(C) [(3)] If key repeat is supported,
the delay before repeat shall be adjustable to at least 2 seconds.
Key repeat rate shall be adjustable to 2 seconds per character.
(D) [(4)] The status of all locking
or toggle controls or keys shall be visually discernible, and discernible
either through touch or sound.
§213.12.Video and Multimedia Products.
Effective September 1, 2006, unless an exception is approved by the executive director of the state agency or an exemption has been made for specific technologies pursuant to §213.17 of this chapter, all electronic and information resources developed, procured or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall include in its accessibility policy the following standards/specifications:
(1) [(a)] Television tuners,
including tuner cards for use in computers, shall be equipped with
secondary audio program playback circuitry.
(2) [(b)] Upon receiving a request
for accommodation of a Web cast of training/informational video productions
which support the agency's mission, each state agency which receives
such a request for accommodation shall provide an alternative form(s)
of accommodation in accordance with §2054.456 and §2054.457,
Texas Government Code. [(Examples of different technologies
and forms of accommodation and additional information for state agencies
to consider in the development of accessible training and informational
video productions are available in the Accessibility Section of the
State Web Site Guidelines under "Multimedia, Audio, and Video Files"
available from http://www.dir.state.tx.us.)]
§213.13.Self Contained, Closed Products.
Effective September 1, 2006, unless an exception is approved by the executive director of the state agency or an exemption has been made for specific technologies pursuant to §213.17 of this chapter, all electronic and information resources developed, procured or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall include in its accessibility policy the following standards/specifications:
(1) [(a)] Self contained products
shall be usable by people with disabilities without requiring an end-user
to attach assistive technology to the product. Personal headsets for
private listening are not assistive technology.
(2) [(b)] When a timed response
is required, the user shall be alerted and given sufficient time to
indicate more time is required.
(3) [(c)] Where a product utilizes
touchscreens or contact-sensitive controls, an input method shall
be provided that complies with Telecommunications products in
§213.11(11)(A) - (D) [§213.11(k)(1) - (4)
] of this subchapter.
(4) [(d)] When biometric forms
of user identification or control are used, an alternative form of
identification or activation, which does not require the user to possess
particular biological characteristics, shall also be provided.
(5) [(e)] When products provide
auditory output, the audio signal shall be provided at a standard
signal level through an industry standard connector that will allow
for private listening. The product must provide the ability to interrupt,
pause, and restart the audio at anytime.
(6) [(f)] When products deliver
voice output in a public area, incremental volume control shall be
provided with output amplification up to a level of at least 65 dB.
Where the ambient noise level of the environment is above 45 dB, a
volume gain of at least 20 dB above the ambient level shall be user
selectable. A function shall be provided to automatically reset the
volume to the default level after every use.
(7) [(g)] Color coding shall
not be used as the only means of conveying information, indicating
an action, prompting a response, or distinguishing a visual element.
(8) [(h)] When a product permits
a user to adjust color and contrast settings, a range of color selections
capable of producing a variety of contrast levels shall be provided.
(9) [(i)] Products shall be designed
to avoid causing the screen to flicker with a frequency greater than
2 Hz and lower than 55 Hz.
(10) [(j)] Products which are
freestanding, non-portable, and intended to be used in one location
and which have operable controls shall comply with the following:
(A) [(1)] The position of any
operable control shall be determined with respect to a vertical plane,
which is 48 inches in length, centered on the operable control, and
at the maximum protrusion of the product within the 48 inch length.
(B) [(2)] Where any operable
control is 10 inches or less behind the reference plane, the height
shall be 54 inches maximum and 15 inches minimum above the floor.
(C) [(3)] Where any operable
control is more than 10 inches and not more than 24 inches behind
the reference plane, the height shall be 46 inches maximum and 15
inches minimum above the floor.
(D) [(4)] Operable controls shall
not be more than 24 inches behind the reference plane.
§213.14.Desktop and Portable Computers.
Effective September 1, 2006, unless an exception is approved by the executive director of the state agency or an exemption has been made for specific technologies pursuant to §213.17 of this chapter, all electronic and information resources developed, procured or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall include in its accessibility policy the following standards/specifications:
(1) [(a)] All mechanically operated
controls and keys shall comply with Telecommunications products in
§213.11(11)(A) - (D) [§213.11(k)(1) - (4)
] of this subchapter.
(2) [(b)] If a product utilizes
touchscreens or touch-operated controls, an input method shall be
provided that complies with Telecommunications products in
§213.11(11)(A) - (D) [§213.11(k)(1) - (4)
] of this subchapter.
(3) [(c)] When biometric forms
of user identification or control are used, an alternative form of
identification or activation, which does not require the user to possess
particular biological characteristics, shall also be provided.
(4) [(d)] Where provided, at
least one of each type of expansion slots, ports and connectors shall
comply with publicly available industry standards.
§213.15.Functional Performance Criteria.
Effective September 1, 2006, unless an exception is approved by the executive director of the state agency or an exemption has been made for specific technologies pursuant to §213.17 of this chapter, all electronic and information resources developed, procured or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall include in its accessibility policy the following standards/specifications:
(1) [(a)] At least one mode of
operation and information retrieval that does not require user vision
shall be provided, or support for assistive technology used by people
who are blind or visually impaired shall be provided.
(2) [(b)] At least one mode of
operation and information retrieval that does not require visual acuity
greater than 20/70 shall be provided in audio and enlarged print output
working together or independently, or support for assistive technology
used by people who are visually impaired shall be provided.
(3) [(c)] At least one mode of
operation and information retrieval that does not require user hearing
shall be provided, or support for assistive technology used by people
who are deaf or hard of hearing shall be provided.
(4) [(d)] Where audio information
is important for the use of a product, at least one mode of operation
and information retrieval shall be provided in an enhanced auditory
fashion, or support for assistive hearing devices shall be provided.
(5) [(e)] At least one mode of
operation and information retrieval that does not require user speech
shall be provided, or support for assistive technology used by people
with disabilities shall be provided.
(6) [(f)] At least one mode of
operation and information retrieval that does not require fine motor
control or simultaneous actions and that is operable with limited
reach and strength shall be provided.
§213.16.Information, Documentation, and Support.
Effective September 1, 2006, unless an exception is approved by the executive director of the state agency or an exemption has been made for specific technologies pursuant to §213.17 of this chapter, all electronic and information resources developed, procured or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall include in its accessibility policy the following standards/specifications:
(1) [(a)] Product support documentation
provided to end-users shall be made available in alternate formats
upon request, at no additional charge.
(2) [(b)] End-users shall have
access to a description of the accessibility and compatibility features
of products in alternate formats or alternate methods upon request,
at no additional charge.
(3) [(c)] Support services for
products shall accommodate the communication needs of end-users with
disabilities.
§213.17. Compliance Exceptions and Exemptions [ State Agency Application ].
Effective September 1, 2006, all electronic and information resources developed, procured or changed by a state agency shall comply with the standards and specifications of Chapter 206 and/or Chapter 213 of this title, unless an exception is approved by the executive director of the agency, or an exemption is granted by the department.
(1) Each state agency shall include in its accessibility policy standards and processes for handling exception requests.
(2) An exception request shall be submitted to the executive director of an agency for each development or procurement, including outsourced development, which does not comply with the standards and specifications described in Chapter 206 and/or Chapter 213 of this title, pursuant to §2054.460, Texas Government Code.
(3) An approved exception shall include the following:
(A) a date of expiration;
(B) a plan for alternate means of access for persons with disabilities;
(C) the exception including relevant cost avoidance estimates; and
(D) signature of the executive director of the agency.
(4) Agencies shall maintain records of exception requests according to that agency's internal accessibility policy.
(5) The department shall establish and maintain a list of electronic and information technology resources which are determined to be exempt from the standards and specifications of all or part of Chapter 206 and/or Chapter 213 of this title.
(6) The list of exempt electronic and information resources will be posted under the Accessibility section of the department's Web site.
(7) The following information shall be provided for each exemption listed:
(A) a date of expiration;
(B) a plan for alternate means of access for persons with disabilities; and
(C) justification for the exemption including relevant cost avoidance estimates.
(8) The department shall establish and publish a policy under the Accessibility section of its Web site which defines the procedures and standards used to determine which electronic or information resources are exempt from the standards and specifications described in Chapter 206 and/or Chapter 213 of this title.
[(a) As of September 1, 2006, unless
an exception is approved by the executive director of the state agency
pursuant to §2054.460, Government Code, all electronic and information
resources products developed or procured by a state agency for each
project begun after August 31, 2006, shall comply with the applicable
provisions of this subchapter, unless it would impose a significant
difficulty or expense for the state agency. The lack of the commercial
availability of products, including computer software, and specific
technologies that would impose a significant difficulty or expense
on state agencies are identified under "Exceptions and Emerging Technologies"
in the Accessibility Section of the State Web Site Guidelines available
from http://www.dir.state.tx.us.]
[(1) When compliance with the provisions of this subchapter imposes a significant difficulty or expense, state agencies shall provide individuals with disabilities with the information and data involved by an alternative means of access that allows the individual to use the information and data.]
[(2) When procuring a product, if a state agency determines that compliance with any provision of this subchapter imposes a significant difficulty or expense, the documentation by the state agency supporting the procurement shall explain why, and to what extent, compliance with each such provision would impose a significant difficulty or expense.]
[(b) When procuring a product, each
state agency shall procure products which comply with the provisions
in this subchapter when such products are available in the commercial
marketplace or when such products are developed in response to a procurement
solicitation.]
[(1) State agencies may use the Voluntary Product Accessibility Template (VPAT) to assess the availability of products in the commercial marketplace.]
[(2) State agencies may use the Buy Accessible Wizard to assess compliance with the provisions of this subchapter.]
[(c) This subchapter applies to electronic
and information resources developed, procured, maintained, or used
by agencies directly or used by a contractor under a contract with
an agency which requires the use of such product, or requires the
use, to a significant extent, of such product in the performance of
a service or the furnishing of a product.]
[(d) Nothing in this subchapter is
intended to prevent the use of designs or technologies as alternatives
to those prescribed in this subchapter provided they result in substantially
equivalent or greater access to and use of a product for people with
disabilities.]
§213.18.Procurements.
(a) The department, in establishing commodity procurement contracts for state agencies and institutions of higher education, and in compliance with the State of Texas Accessibility requirements (based on the federal standards established under §508 of the Rehabilitation Act), shall require vendors make accessibility information available for every product under contract through one of the following methods:
(1) the URL to a completed Voluntary Product Accessibility Template (VPAT) (http://www.access-star.org/ITI-VPAT-v1.2.html);
(2) the URL to the product accessibility information available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov);
(3) an electronic document that addresses the same accessibility criteria in substantively the same format as the VPAT (http://www.access-star.org/ITI-VPAT-v1.2.html); or
(4) The URL to a Web page which explains how to request a completed VPAT for any product under contract.
(b) Each state agency shall include in its accessibility policy standards and processes for making agency procurement decisions pursuant to §2054.453, Texas Government Code.
(1) Unless an exception is approved by the executive director of the state agency pursuant to §2054.460, Texas Government Code, and §213.17 of this chapter, or unless an exemption is approved by the department, pursuant to §2054.460, Texas Government Code, and §213.17 of this chapter, all electronic and information resources products developed, procured or changed through a procured services contract, and all electronic and information resource services provided through hosted or managed services contracts, shall comply with the provisions of Chapter 206 and Chapter 213 of this title, as applicable.
(2) Agencies may develop a procurement accessibility policy for making procurement decisions. Such policy must be approved by the executive director. In the absence of an approved procurement accessibility policy, the agencies shall use either the Voluntary Product Accessibility Template (VPAT) or the Buy Accessible Wizard to assess the degree of accessibility of a given product when making procurement decisions according to the agency's accessibility policy.
(3) This subchapter applies to electronic and information resources developed, procured, or changed by an agency, or developed, procured, or changed by a contractor under a contract with an agency which requires the use of such product, or requires the use, to a significant extent, of such product in the performance of a service or the furnishing of a product.
(4) This subchapter does not apply to information technology that is acquired by a contractor or grantee incidental to a contract or grant, provided the technology does not become State property upon the completion of the contract.
(5) Nothing in this subchapter is intended to prevent the use of designs or technologies as alternatives to those prescribed in this subchapter provided they result in substantially equivalent or greater access to and use of a product for people with disabilities.
§213.19.Accessibility Training and Technical Assistance.
The department shall provide training and technical assistance regarding compliance with Chapter 206 and Chapter 213 of this title, pursuant to §2054.452, Texas Government Code.
(1) The department shall schedule on-going training events or seminars, focused on accessibility development, testing, procurement and/or awareness training.
(2) The executive director of each agency should ensure appropriate staff receives training necessary to meet all accessibility-related rules.
(3) The department shall publish on its Web site, information regarding publicly available accessibility training opportunities and technical assistance.
§213.20.Accessibility Survey and Reporting Requirements.
(a) The department shall conduct an electronic and information resources survey regarding compliance with Chapter 206 and Chapter 213 of this title, pursuant to §2054.464, Texas Government Code.
(b) Each state agency shall be required to complete the accessibility survey within the prescribed deadline established by the department.
§213.21.Accessibility Policy and Coordinator.
(a) Each state agency shall develop and publish an accessibility policy, by June 30, 2009, which includes the standards and specifications of this chapter.
(b) Each state agency's accessibility policy shall include a plan by which all non-compliant Web pages, Web sites and Web applications will be brought into compliance with the specifications and standards of this chapter.
(c) The department shall develop and publish a standard operating procedure to manage agency non-compliance identified through a survey, including a process for corrective action plan.
(d) Each state agency shall appoint an accessibility coordinator to develop, support and maintain their internal accessibility policy.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802706
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-6124
The amendments and new sections are proposed under §2054.052(a) and §2054.453, Texas Government Code.
No other statutes are affected by the proposal.
§213.30.Software Applications and Operating Systems.
Effective September 1, 2006, unless an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to §213.37 of this chapter, all electronic and information resources developed, procured or changed by an institution of higher education shall comply with the standards described in this subchapter. Each institution of higher education shall include in its accessibility policy the following standards/specifications:
(1) [(a)] When software is designed
to run on a system that has a keyboard, product functions shall be
executable from a keyboard where the function itself or the result
of performing a function can be discerned textually.
(2) [(b)] Applications shall
not disrupt or disable activated features of other products that are
identified as accessibility features, where those features are developed
and documented according to industry standards. Applications also
shall not disrupt or disable activated features of any operating system
that are identified as accessibility features where the application
programming interface for those accessibility features has been documented
by the manufacturer of the operating system and is available to the
product developer.
(3) [(c)] A well-defined on-screen
indication of the current focus shall be provided that moves among
interactive interface elements as the input focus changes. The focus
shall be programmatically exposed so that assistive technology can
track focus and focus changes.
(4) [(d)] Sufficient information
about a user interface element including the identity, operation and
state of the element shall be available to assistive technology. When
an image represents a program element, the information conveyed by
the image must also be available in text.
(5) [(e)] When bitmap images
are used to identify controls, status indicators, or other programmatic
elements, the meaning assigned to those images shall be consistent
throughout an application's performance.
(6) [(f)] Textual information
shall be provided through operating system functions for displaying
text. The minimum information that shall be made available is text
content, text input caret location, and text attributes.
(7) [(g)] Applications shall
not override user selected contrast and color selections and other
individual display attributes.
(8) [(h)] When animation is displayed,
the information shall be displayable in at least one non-animated
presentation mode at the option of the user.
(9) [(i)] Color coding shall
not be used as the only means of conveying information, indicating
an action, prompting a response, or distinguishing a visual element.
(10) [(j)] When a product permits
a user to adjust color and contrast settings, a variety of color selections
capable of producing a range of contrast levels shall be provided.
(11) [(k)] Software shall not
use flashing or blinking text, objects, or other elements having a
flash or blink frequency greater than 2 Hz and lower than 55 Hz.
(12) [(l)] When electronic forms
are used, the form shall allow people using assistive technology to
access the information, field elements, and functionality required
for completion and submission of the form, including all directions
and cues.
§213.31.Telecommunications Products.
Effective September 1, 2006, unless an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to §213.37 of this chapter, all electronic and information resources developed, procured or changed by an institution of higher education shall comply with the standards described in this subchapter. Each institution of higher education shall include in its accessibility policy the following standards/specifications:
(1) [(a)] Telecommunications
products or systems which provide a function allowing voice communication
and which do not themselves provide a TTY functionality shall provide
a standard non-acoustic connection point for TTYs. Microphones shall
be capable of being turned on and off to allow the user to intermix
speech with TTY use.
(2) [(b)] Telecommunications
products which include voice communication functionality shall support
all commonly used cross-manufacturer non-proprietary standard TTY
signal protocols.
(3) [(c)] Voice mail, auto-attendant,
and interactive voice response telecommunications systems shall be
usable by TTY users with their TTYs.
(4) [(d)] Voice mail, messaging,
auto-attendant, and interactive voice response telecommunications
systems that require a response from a user within a time interval,
shall give an alert when the time interval is about to run out, and
shall provide sufficient time for the user to indicate more time is
required.
(5) [(e)] Where provided, caller
identification and similar telecommunications functions shall also
be available for users of TTYs, and for users who cannot see displays.
(6) [(f)] For transmitted voice
signals, telecommunications products shall provide a gain adjustable
up to a minimum of 20 dB. For incremental volume control, at least
one intermediate step of 12 dB of gain shall be provided.
(7) [(g)] If the telecommunications
product allows a user to adjust the receive volume, a function shall
be provided to automatically reset the volume to the default level
after every use.
(8) [(h)] Where a telecommunications
product delivers output by an audio transducer which is normally held
up to the ear, a means for effective magnetic wireless coupling to
hearing technologies shall be provided.
(9) [(i)] Interference to hearing
technologies (including hearing aids, cochlear implants, and assistive
listening devices) shall be reduced to the lowest possible level that
allows a user of hearing technologies to utilize the telecommunications
product.
(10) [(j)] Products that transmit
or conduct information or communication, shall pass through cross-manufacturer,
non-proprietary, industry-standard codes, translation protocols, formats
or other information necessary to provide the information or communication
in a usable format. Technologies which use encoding, signal compression,
format transformation, or similar techniques shall not remove information
needed for access or shall restore it upon delivery.
(11) [(k)] Products which have
mechanically operated controls or keys, shall comply with the following:
(A) [(1)] Controls and keys shall
be tactilely discernible without activating the controls or keys.
(B) [(2)] Controls and keys shall
be operable with one hand and shall not require tight grasping, pinching,
or twisting of the wrist. The force required to activate controls
and keys shall be 5 lbs. (22.2 N) maximum.
(C) [(3)] If key repeat is supported,
the delay before repeat shall be adjustable to at least 2 seconds.
Key repeat rate shall be adjustable to 2 seconds per character.
(D) [(4)] The status of all locking
or toggle controls or keys shall be visually discernible, and discernible
either through touch or sound.
§213.32.Video and Multimedia Products.
Effective September 1, 2006, unless an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to §213.37 of this chapter, all electronic and information resources developed, procured or changed by an institution of higher education shall comply with the standards described in this subchapter. Each institution of higher education shall include in its accessibility policy the following standards/specifications:
(1) [(a)] Television tuners,
including tuner cards for use in computers, shall be equipped with
secondary audio program playback circuitry.
(2) [(b)] Upon receiving a request
for accommodation of a Web cast of training/informational video productions
which support the institution of higher education's mission, each
institution of higher education which receives such a request for
accommodation shall provide an alternative form(s) of accommodation
in accordance with §2054.456 and §2054.457,
Texas Government Code. [
(Examples of different technologies and forms of accommodation
and additional information for state agencies to consider in the development
of accessible training and informational video productions are available
in the Accessibility Section of the State Web Site Guidelines under
"Multimedia, Audio, and Video Files" available from http://www.dir.state.tx.us.)
]
§213.33.Self Contained, Closed Products.
Effective September 1, 2006, unless an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to §213.37 of this chapter, all electronic and information resources developed, procured or changed by an institution of higher education shall comply with the standards described in this subchapter. Each institution of higher education shall include in its accessibility policy the following standards/specifications:
(1) [(a)] Self contained products
shall be usable by people with disabilities without requiring an end-user
to attach assistive technology to the product. Personal headsets for
private listening are not assistive technology.
(2) [(b)] When a timed response
is required, the user shall be alerted and given sufficient time to
indicate more time is required.
(3) [(c)] Where a product utilizes
touchscreens or contact-sensitive controls, an input method shall
be provided that complies with Telecommunications products in
§213.31(11)(A) - (D) [§213.31(k)(1) - (4)
] of this subchapter.
(4) [(d)] When biometric forms
of user identification or control are used, an alternative form of
identification or activation, which does not require the user to possess
particular biological characteristics, shall also be provided.
(5) [(e)] When products provide
auditory output, the audio signal shall be provided at a standard
signal level through an industry standard connector that will allow
for private listening. The product must provide the ability to interrupt,
pause, and restart the audio at anytime.
(6) [(f)] When products deliver
voice output in a public area, incremental volume control shall be
provided with output amplification up to a level of at least 65 dB.
Where the ambient noise level of the environment is above 45 dB, a
volume gain of at least 20 dB above the ambient level shall be user
selectable. A function shall be provided to automatically reset the
volume to the default level after every use.
(7) [(g)] Color coding shall
not be used as the only means of conveying information, indicating
an action, prompting a response, or distinguishing a visual element.
(8) [(h)] When a product permits
a user to adjust color and contrast settings, a range of color selections
capable of producing a variety of contrast levels shall be provided.
(9) [(i)] Products shall be designed
to avoid causing the screen to flicker with a frequency greater than
2 Hz and lower than 55 Hz.
(10) [(j)] Products which are
freestanding, non-portable, and intended to be used in one location
and which have operable controls shall comply with the following:
(A) [(1)] The position of any
operable control shall be determined with respect to a vertical plane,
which is 48 inches in length, centered on the operable control, and
at the maximum protrusion of the product within the 48 inch length.
(B) [(2)] Where any operable
control is 10 inches or less behind the reference plane, the height
shall be 54 inches maximum and 15 inches minimum above the floor.
(C) [(3)] Where any operable
control is more than 10 inches and not more than 24 inches behind
the reference plane, the height shall be 46 inches maximum and 15
inches minimum above the floor.
(D) [(4)] Operable controls shall
not be more than 24 inches behind the reference plane.
§213.34.Desktop and Portable Computers.
Effective September 1, 2006, unless an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to §213.37 of this chapter, all electronic and information resources developed, procured or changed by an institution of higher education shall comply with the standards described in this subchapter. Each institution of higher education shall include in its accessibility policy the following standards/specifications:
(1) [(a)] All mechanically operated
controls and keys shall comply with Telecommunications products in
§213.31(11)(A) - (D) [§213.31(k)(1) - (4)
] of this subchapter.
(2) [(b)] If a product utilizes
touchscreens or touch-operated controls, an input method shall be
provided that complies with Telecommunications products in
§213.31(11)(A) - (D) [§213.31(k)(1) - (4)
] of this subchapter.
(3) [(c)] When biometric forms
of user identification or control are used, an alternative form of
identification or activation, which does not require the user to possess
particular biological characteristics, shall also be provided.
(4) [(d)] Where provided, at
least one of each type of expansion slots, ports and connectors shall
comply with publicly available industry standards.
§213.35.Functional Performance Criteria.
Effective September 1, 2006, unless an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to §213.37 of this chapter, all electronic and information resources developed, procured or changed by an institution of higher education shall comply with the standards described in this subchapter. Each institution of higher education shall include in its accessibility policy the following standards/specifications:
(1) [(a)] At least one mode of
operation and information retrieval that does not require user vision
shall be provided, or support for assistive technology used by people
who are blind or visually impaired shall be provided.
(2) [(b)] At least one mode of
operation and information retrieval that does not require visual acuity
greater than 20/70 shall be provided in audio and enlarged print output
working together or independently, or support for assistive technology
used by people who are visually impaired shall be provided.
(3) [(c)] At least one mode of
operation and information retrieval that does not require user hearing
shall be provided, or support for assistive technology used by people
who are deaf or hard of hearing shall be provided.
(4) [(d)] Where audio information
is important for the use of a product, at least one mode of operation
and information retrieval shall be provided in an enhanced auditory
fashion, or support for assistive hearing devices shall be provided.
(5) [(e)] At least one mode of
operation and information retrieval that does not require user speech
shall be provided, or support for assistive technology used by people
with disabilities shall be provided.
(6) [(f)] At least one mode of
operation and information retrieval that does not require fine motor
control or simultaneous actions and that is operable with limited
reach and strength shall be provided.
§213.36.Information, Documentation, and Support.
Effective September 1, 2006, unless an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to §213.37 of this chapter, all electronic and information resources developed, procured or changed by an institution of higher education shall comply with the standards described in this subchapter. Each institution of higher education shall include in its accessibility policy the following standards/specifications:
(1) [(a)] Product support documentation
provided to end-users shall be made available in alternate formats
upon request, at no additional charge.
(2) [(b)] End-users shall have
access to a description of the accessibility and compatibility features
of products in alternate formats or alternate methods upon request,
at no additional charge.
(3) [(c)] Support services for
products shall accommodate the communication needs of end-users with
disabilities.
§213.37. Compliance Exceptions and Exemptions [ Institutions of Higher Education Application ].
Effective September 1, 2006, all electronic and information resources developed, procured or changed by an institution of higher education shall comply with the standards and specifications of Chapter 206 and/or Chapter 213 of this title, unless an exception is approved by the president or chancellor of an institution of higher education, or an exemption is granted by the department.
(1) Each institution of higher education shall include in its accessibility policy standards and processes for handling exception requests.
(2) An exception request shall be submitted to the president or chancellor of an institution of higher education for each electronic and information resources development or procurement, including outsourced development, which does not comply with the standards and specifications described in Chapter 206 and/or Chapter 213 of this title, pursuant to §2054.460, Texas Government Code.
(3) An approved exception shall include the following:
(A) a date of expiration;
(B) a plan for alternate means of access for persons with disabilities;
(C) justification for the exception including relevant cost avoidance estimates; and
(D) signature of the executive director of the agency.
(4) Institutions of higher education shall maintain records of exception requests according to that institution of higher education's internal accessibility policy.
(5) The department shall establish and maintain a list of electronic and information technology resources which are determined to be exempt from the standards and specifications of all or part of Chapter 206 and/or Chapter 213 of this title.
(6) The list of exempt electronic and information resources will be posted under the Accessibility section of the department's Web site.
(7) The following information shall be provided for each exemption listed:
(A) date of expiration;
(B) a plan for alternate means of access for persons with disabilities; and
(C) justification for the exemption including relevant cost avoidance estimates.
(8) The department shall establish and publish a policy under the Accessibility section of its Web site which defines the procedures and standards used to determine which electronic or information resources are exempt from the standards and specifications described in Chapter 206 and/or Chapter 213 of this title.
[(a) As of September 1, 2006, unless
an exception is approved by the president or chancellor of the institution
of higher education pursuant to §2054.460, Government Code, all
electronic and information resources products developed or procured
by a the institution of higher education for each project begun after
August 31, 2006, shall comply with the applicable provisions of this
subchapter, unless it would impose a significant difficulty or expense
for the institution of higher education. The lack of the commercial
availability of products, including computer software, and specific
technologies that would impose a significant difficulty or expense
on the institutions of higher education are identified under "Exceptions
and Emerging Technologies" in the Accessibility Section of the State
Web Site Guidelines available from http://www.dir.state.tx.us.]
[(1) When compliance with the provisions of this subchapter imposes a significant difficulty or expense, institutions of higher education shall provide individuals with disabilities with the information and data involved by an alternative means of access that allows the individual to use the information and data.]
[(2) When procuring a product, if an institution of higher education determines that compliance with any provision of this subchapter imposes a significant difficulty or expense, the documentation by the institution of higher education supporting the procurement shall explain why, and to what extent, compliance with each such provision would impose a significant difficulty or expense.]
[(b) When procuring a product, each
institution of higher education shall procure products which comply
with the provisions in this subchapter when such products are available
in the commercial marketplace or when such products are developed
in response to a procurement solicitation] .
[(1) Institutions of higher education may use the Voluntary Product Accessibility Template (VPAT) to assess the availability of products in the commercial marketplace.]
[(2) Institutions of higher education may use the Buy Accessible Wizard to assess compliance with the provisions of this subchapter.]
[(c) This subchapter applies to electronic
and information resources developed, procured, maintained, or used
by an institution of higher education directly or used by a contractor
under a contract with an institution of higher education which requires
the use of such product, or requires the use, to a significant extent,
of such product in the performance of a service or the furnishing
of a product.]
[(d) Nothing in this subchapter is
intended to prevent the use of designs or technologies as alternatives
to those prescribed in this subchapter provided they result in substantially
equivalent access to and use of a product for people with disabilities.]
§213.38.Procurements.
(a) The department, in establishing commodity procurement contracts for state agencies and institutions of higher education, and in compliance with the State of Texas Accessibility requirements (based on the federal standards established under §508 of the Rehabilitation Act), shall require vendors make accessibility information available for every product under contract through one of the following methods:
(1) the URL to a completed Voluntary Product Accessibility Template (VPAT) (http://www.access-star.org/ITI-VPAT-v1.2.html);
(2) the URL to the product accessibility information available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov);
(3) an electronic document that addresses the same accessibility criteria in substantively the same format as the VPAT (http://www.access-star.org/ITI-VPAT-v1.2.html); or
(4) The URL to a Web page which explains how to request a completed VPAT for any product under contract.
(b) Each institution of higher education shall include in its accessibility policy standards and processes for making agency procurement decisions pursuant to §2054.453, Texas Government Code.
(1) Unless an exception is approved by the president or chancellor of an institution of higher education pursuant to §2054.460, Texas Government Code, and §213.37 of this chapter, or unless an exemption is approved by the department, pursuant to §2054.460, Texas Government Code, and §213.37 of this chapter, all electronic and information resources products developed, procured or changed through a procured services contract, and all electronic and information resource services provided through hosted or managed services contracts, shall comply with the provisions of Chapter 206 and Chapter 213 of this title, as applicable.
(2) Institutions higher education may develop a procurement accessibility policy for making procurement decisions. Such policy must be approved by the president or chancellor. In the absence of an approved procurement accessibility policy, institutions of higher education shall use either the Voluntary Product Accessibility Template (VPAT) or the Buy Accessible Wizard to assess the degree of accessibility of a given product when making procurement decisions according to the agency's accessibility policy.
(3) This subchapter applies to electronic and information resources developed, procured, or changed by an institution of higher education, or developed, procured, or changed by a contractor under a contract with an institution of higher education which requires the use of such product, or requires the use, to a significant extent, of such product in the performance of a service or the furnishing of a product.
(4) This subchapter does not apply to information technology that is acquired by a contractor or grantee incidental to a contract or grant, provided the technology does not become State property upon the completion of the contract.
(5) Nothing in this subchapter is intended to prevent the use of designs or technologies as alternatives to those prescribed in this subchapter provided they result in substantially equivalent or greater access to and use of a product for people with disabilities.
§213.39.Accessibility Training and Technical Assistance.
The department shall provide training and technical assistance regarding compliance with Chapter 206 and Chapter 213 of this title, pursuant to §2054.452, Texas Government Code.
(1) The department shall schedule on-going training events or seminars, focused on accessibility development, testing, procurement and/or awareness training.
(2) The president or chancellor of each institution of higher education should ensure appropriate staff receives training necessary to meet all accessibility-related rules.
(3) The department shall publish on its Web site, information regarding publicly available accessibility training opportunities and technical assistance.
§213.40.Accessibility Survey and Reporting Requirements.
(a) The department shall conduct an electronic and information resources survey regarding compliance with Chapter 206 and Chapter 213 of this title, pursuant to §2054.464, Texas Government Code.
(b) Each institution of higher education shall be required to complete the accessibility survey within the prescribed deadline established by the department.
§213.41.Accessibility Policy and Coordinator.
(a) Each institution of higher education shall develop and publish an accessibility policy, by June 30, 2009, which includes the standards and specifications of this chapter.
(b) Each institution of higher education's accessibility policy shall include a plan by which all non-compliant Web pages, Web sites and Web applications will be brought into compliance with the specifications and standards of this chapter.
(c) The department shall develop and publish a standard operating procedure to manage agency non-compliance identified through a survey, including a process for corrective action plan.
(d) Each institution of higher education shall appoint an accessibility coordinator to develop, support and maintain their internal accessibility policy.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802707
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-6124