Part 10.
DEPARTMENT OF INFORMATION RESOURCES
Chapter 202.
INFORMATION SECURITY STANDARDS
The Department of Information Resources (department) adopts new 1
TAC §202.28 and §202.78 and amendments to 1 TAC §§202.1,
202.25, and 202.75 without changes from the proposed text as published in
the November 18, 2005, issue of the
Texas Register
(30 TexReg 7629).
The new sections address the need to remove data from any associated storage
device prior to the sale or transfer of the data processing equipment. The
amendments add requirements to address security issues related to wireless
access to state systems, conducting vulnerability assessments, clarify language
and correct grammar.
The department received the following comments on the proposal:
1. Section 202.25(7)(W)(ii), Information Resources Security Safeguards.
The proposed language specifies a "...cryptographic keys used are larger than
80-bits." We believe the cryptographic key should be a minimum of 128 bits.
Department reply: The department disagrees with the requested change. The
National Institute of Standards and Technology (NIST) Special Publication
800-48, "Wireless Network Security 802.11, Bluetooth and Handheld Devices"
addresses this issue under §3.3 Security of 802.11 Wireless LANs. The
NIST states that: "As defined in the 802.11 standard, WEP supports only a
40-bit cryptographic keys size for the shared key. However, numerous vendors
offer nonstandard extensions of WEP that support key lengths from 40 bits
to 104 bits." "...Research has shown that key sizes of greater than 80-bits,
for robust designs and implementations, make brute-force cryptanalysis (code
breaking) an impossible task. For 80-bit keys, the number of possible keys--a
keyspace of more than 10
26
--exceeds contemporary
computing power." Based on the restrictions of the current 802.11 standard
and the NIST assessment, no additional change to the rule is made.
2. Can additional language be added to the rule specifically addressing
the following 3 questions:
Does the rule prohibit the use of wireless handheld devices, e.g., Blackberry,
cell phones, PDAs?
Does the rule allow wireless handheld devices to be used on a state-provide
wireless access point (WAP)?
Does the rule prohibit the use of wireless handheld devices on a personal
installed WAP?
Department reply: The rule does not prohibit or specify types of handheld
devices to be used. The rule only requires that each state agency publish
a wireless security policy if the agency elects to allow wireless access to
its systems. No additional change to the rule is made in response to the comments.
3. The determination made by Bill Perez, Security Division Director, that
there will be no fiscal implications for state or local government if the
amendments or new sections are adopted appears to be incorrect. State and
local government will be impacted by the cost associated with the software
tools needed to prepare the storage media to meet the 5220.22 standard and
more importantly the time required to actually execute the software tool to
make the storage media 5220.22 compliant.
Department reply: The guideline published by the department identifies
free software tools to make the storage media 5220.22 compliant. While the
time it takes to make the storage media 5220.22 compliant may vary by media
size and number of passes required, no one is required to be present during
this process. No additional change to the rule is made in response to these
comments.
Subchapter A. DEFINITIONS
1 TAC §202.1
The amendments are adopted under §2054.130, Texas Government
Code, which requires the department to adopt rules on the removal of data
prior to the sale or transfer of data processing equipment, 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 4, 2006.
TRD-200602003
Renée Mauzy
General Counsel
Department of Information Resources
Effective date: April 24, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-4700
1 TAC §202.25, §202.28
The amendments and new section are adopted under §2054.130,
Texas Government Code, which requires the department to adopt rules on the
removal of data prior to the sale or transfer of data processing equipment,
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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 4, 2006.
TRD-200602005
Renée Mauzy
General Counsel
Department of Information Resources
Effective date: April 24, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-4700
1 TAC §202.75, §202.78
The amendments and new section are adopted under §2054.130,
Texas Government Code, which requires the department to adopt rules on the
removal of data prior to the sale or transfer of data processing equipment,
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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 4, 2006.
TRD-200602006
Renée Mauzy
General Counsel
Department of Information Resources
Effective date: April 24, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-4700
The Department of Information Resources (department) adopts amendments
to 1 TAC Chapter 206, §§206.1, 206.50 - 206.52, 206.55, 206.70 -
206.72, and 206.75, relating to state web sites. Comments were received in
response to the proposed changes to the rules. Section 206.50 and §206.70
are adopted with changes to the proposed text as published in the November
18, 2005, issue of the
Texas Register
(30
TexReg 7633). Sections 206.1, 206.51, 206.52, 206.55, 206.71, 206.72, and
206.75 are adopted without changes and will not be republished.
Sections 206.1, 206.50 and 206.70 are amended to align the Texas accessibility
standards with the §508 standards of the Rehabilitation Act relating
to Web accessibility contained in 36 C.F.R. Part 1194. The changes are made
in response to passage of House Bill 2819, which enacted §§2054.451
- 2054.465, Texas Government Code, relating to access to state electronic
and information resources by individuals with disabilities. Additional changes
were made to §§206.1, 205.50 - 206.52, 206.55, 206.70 - 206.72 and
206.75 to clarify language and correct grammar in the existing rules.
The following comments were received concerning the proposed amendments.
Following each comment is the department's response and any resulting change(s).
Comment: One comment stated that the "fiscal impact statements are not
in substantial compliance with the notice provisions required for proposed
rules."
Response: The department disagrees and believes that the fiscal impact
statement was in full compliance with the notice provisions required for proposed
rules. On September 6, 2005 the department sent a notice to all state information
resources managers and over 650 other individuals (dir-policy list) that draft
copies of the proposed changes to 1 TAC Chapter 206 and to proposed new 1
TAC Chapter 213, concerning accessibility were available for public comment.
The department only received a few comments. An individual at one agency indicated
that "at this time we do not own any captioning equipment." The individual
was contacted by department staff and informed that the software to add captions
was free. The one area where the department identified a potential cost was
for captioning live meetings. The department included an exception in the
rule for this requirement.
Comment: Under §206.50 and §206.70, several agencies recommended
that new text be added to implement the intent of the Legislature as set forth
in §2054.460, Government Code. Additional comments questioned if the
rule was retroactive.
Response: The department agrees to add language and make the following
changes:
§206.50(1) "Effective September 1, 2006, unless an exception is approved
by the executive director of the state agency, 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:"
§206.70(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:"
The effect of the changes to the rule is not retroactive. After September
1, 2006, new and redesigned pages are subject to the new standards.
Comment: Under §206.50(1)(A), a commenter proposed eliminating the
requirement for a text equivalent for non-text elements via "alt," "longdesc,"
"or in element content."
Response: The department disagrees with the request. This is a basic accessibility
issue that is required under the current rule.
Comment: Under §206.50(1)(B) and §206.70(1)(B) comments were
received that indicated that providing synchronized captioning for all Web
casts of open meetings and/or training would involve significant expense,
and that there should be options for alternative means of compliance to minimize
agency costs.
Response: The department agrees that captioning may not be appropriate
in all circumstances, and that the executive director of each state agency
should make the final determination as to whether to caption. In response
to the comment, the department agrees to add language and make the following
changes to the rule:
§206.50(1)(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 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, 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)"
§206.70(1)(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, Government Code. (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.)"
Comment: Under §206.50(2) the rule did not address the exception by
the executive director as stated in House Bill 2819, and identify who was
responsible for testing.
Response: The department agrees to add language and make the following
changes:
§206.50(2) "Effective September 1, 2006, unless an exception is approved
by the executive director of the state agency pursuant to §2054.460,
Government Code, 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."
§206.70(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."
Comment: Under §206.50(3) a commenter stated that we were unable to
determine what "standard extensions" were from the department's site.
Response: The department added a new section to the associated guideline
to address this comment.
Comment: Under §206.50(7), comments were received that training for
staff members who provide web updates would be a significant expense if this
training is not provided free-of-charge.
Response: The department has identified free training in the associated
guidelines to address these concerns.
Comment: Under §206.52, the Spanish language requirement as set forth
in Senate Bill (SB) 213, is based on priority and as resources permit. However,
the implementation date and expectation is not clear.
Response: We disagree. The change adds the following "specific requirements
for Spanish language content that are addressed in §2054.116, Government
Code." §2054.116 was added by SB 213, and only requires a "reasonable
effort to ensure that Spanish-speaking persons of limited English proficiency
can meaningfully access state agency information online."
Comment: Geographic Information Systems (GIS) is an inherently visual technology
for the display of maps and remote sensing imagery of the earth and its terrain
and human activity and facilities. To achieve full §508 compliance there
is research underway in a few university laboratories to create tactile maps
and other means for the visually impaired. However, this technology is currently
not available through commercial vendors and therefore not commonly available
to state agencies and universities. Moreover it will require specialized equipment
for the end user to access.
Response: The department has determined that major GIS vendors are providing §508
compliant versions of their Web based products. Current assistive technology
can be used to access GIS based data with the proper design of the user interface.
The department will work with the GIS community to develop the necessary guidelines
to assist agencies in the implementation of accessible interfaces to GIS data,
or identify the types of GIS data that should have an exemption. However,
the ability to identify exceptions or emerging technologies was missing from
the proposed change to the rule. The department will add this new paragraph
to address exceptions and emerging technology:
§206.50(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."
§206.70(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."
Subchapter A. DEFINITIONS
1 TAC §206.1
The amendments are adopted under §§2054.453 - 2054.459,
Texas Government Code, which require the department to consider the provisions
contained in 36 C.F.R. Part 1194 in the adoption of rules and to assist state
agencies in complying with the requirements of §2054.116, Texas Government
Code. The rules are authorized by §2054.052(a), Texas Government Code,
which authorizes the department to adopt rules necessary to implement its
responsibilities under the Information Resources Management Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 4, 2006.
TRD-200601997
Renée Mauzy
General Counsel
Department of Information Resources
Effective date: April 24, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-4700
1 TAC §§206.50 - 206.52, 206.55
The amendments are adopted under §§2054.453 - 2054.459,
Texas Government Code, which require the department to consider the provisions
contained in 36 C.F.R. Part 1194 in the adoption of rules and to assist state
agencies in complying with the requirements of §2054.116, Texas Government
Code. The rules are authorized by §2054.052(a), Texas Government Code,
which authorizes the department to adopt rules necessary to implement its
responsibilities under the Information Resources Management Act.
§206.50.Accessibility and Usability of State Web Sites.
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:
(A)
A text equivalent for every non-text element shall be provided
(e.g., via "alt," "longdesc," or in element content).
(B)
Based on a request for accommodation of a Web cast of a
live/real time open meeting (Open Meetings Act 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).
(C)
Web pages shall be designed so that all information conveyed
with color is also available without color.
(D)
Documents shall be organized so they are readable without
requiring an associated style sheet.
(E)
Redundant text links shall be provided for each active
region of a server-side image map.
(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.
(G)
Row and column headers shall be identified for data tables.
(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.
(I)
Frames shall be titled with text that facilitates frame
identification and navigation.
(J)
Pages shall be designed to avoid causing the screen to
flicker with a frequency greater than 2 Hz and lower than 55 Hz.
(K)
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
text-only page shall be updated whenever the primary page changes.
(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.
(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:
(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.
(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.
(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.
(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.
(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.
(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.
(vii)
Applications shall not override user selected contrast
and color selections and other individual display attributes.
(viii)
When animation is displayed, the information shall be
displayable in at least one non-animated presentation mode at the option of
the user.
(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.
(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.
(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.
(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.
(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.
(O)
A method shall be provided that permits users to skip repetitive
navigation links.
(P)
When a timed response is required, the user shall be alerted
and given sufficient time to indicate more time is required.
(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.
(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.
(4)
The policy should cover testing and validation of Web pages.
(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.
(6)
Testing/validation tools and manual procedures for validating §508
compliance satisfy compliance with 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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on April 4, 2006.
TRD-200601998
Renée Mauzy
General Counsel
Department of Information Resources
Effective date: April 24, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-4700
1 TAC §§206.70 - 206.72, 206.75
The amendments are adopted under §§2054.453 - 2054.459,
Texas Government Code, which require the department to consider the provisions
contained in 36 C.F.R. Part 1194 in the adoption of rules and to assist state
agencies in complying with the requirements of §2054.116, Texas Government
Code. The rules are authorized by §2054.052(a), Texas Government Code,
which authorizes the department to adopt rules necessary to implement its
responsibilities under the Information Resources Management Act.
§206.70.Accessibility and Usability of Institution of Higher Education Web Sites.
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:
(A)
A text equivalent for every non-text element shall be provided
(e.g., via "alt," "longdesc," or in element content).
(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,
Government Code. (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.)
(C)
Web pages shall be designed so that all information conveyed
with color is also available without color.
(D)
Documents shall be organized so they are readable without
requiring an associated style sheet.
(E)
Redundant text links shall be provided for each active
region of a server-side image map.
(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.
(G)
Row and column headers shall be identified for data tables.
(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.
(I)
Frames shall be titled with text that facilitates frame
identification and navigation.
(J)
Pages shall be designed to avoid causing the screen to
flicker with a frequency greater than 2 Hz and lower than 55 Hz.
(K)
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
text-only page shall be updated whenever the primary page changes.
(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.
(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:
(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.
(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.
(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.
(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.
(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.
(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.
(vii)
Applications shall not override user selected contrast
and color selections and other individual display attributes.
(viii)
When animation is displayed, the information shall be
displayable in at least one non-animated presentation mode at the option of
the user.
(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.
(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.
(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.
(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.
(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.
(O)
A method shall be provided that permits users to skip repetitive
navigation links.
(P)
When a timed response is required, the user shall be alerted
and given sufficient time to indicate more time is required.
(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.
(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.
(4)
The policy should cover testing and validation of Web pages.
(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.
(6)
Testing/validation tools and manual procedures for validating §508
compliance satisfy compliance with 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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on April 4, 2006.
TRD-200601999
Renée Mauzy
General Counsel
Department of Information Resources
Effective date: April 24, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-4700
The Department of Information Resources (department) adopts 1 TAC
Chapter 213, §§213.1 - 213.3, 213.10 - 213.17, and 213.30 - 213.37
to align the Texas Accessibility Standards with the §508 standards of
the Rehabilitation Act relating to the accessibility of electronic and information
resources contained in 36 C.F.R. Part 1194. Sections 213.1, 213.12, 213.17,
213.32 and 213.37 are adopted with changes to the proposed text as published
in the November 18, 2005, issue of the
Texas Register
(30 TexReg 7639). Sections 213.2, 213.3, 213.10, 213.11, 213.13 -
213.16, 213.30, 213.31, and 213.33 - 213.36 are adopted without changes and
will not be republished.
The following comments were received concerning the proposed sections.
Following each comment is the department's response and any resulting change(s).
Comment: As currently drafted, it is unclear if state agencies could use
the new Buy Accessible Data Center that was just added by GSA. What about
any other new tools/resources?
Response: The department agrees and proposes the following change:
§213.1(4) Buy Accessible Wizard--A 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).
Comment: Under §213.12 and §213.32 indicated that providing open
or closed captions for all training would involve significant expense, and
that agencies should have options for alternative means of compliance to minimize
agency costs.
Response: The department agrees that captioning may not be appropriate
in all circumstances, and proposes the following changes:
§213.12(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, 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.)"
§213.32(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, 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.)"
Comments: The rule did not address the exception by the executive director
as stated in House Bill 2819 or the ability to identify exceptions or emerging
technologies.
Response: The department agrees, and is making the following clarifying
change:
§213.17(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."
§213.37(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."
Comments: That the §508 language of "substantially equivalent or greater
access" went beyond the intent of House Bill 2819 ("ensure that state employees
with disabilities have access to and the use of those resources comparable
to the access and use available to state employees without disabilities").
The department agrees and is making the following change:
§213.17(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."
§213.37(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."
Comment: Geographic Information Systems (GIS) is an inherently visual technology
for the display of maps and remote sensing imagery of the earth and its terrain
and human activity and facilities. To achieve full §508 compliance there
is research underway in a few university laboratories to create tactile maps
and other means for the visually impaired. However, this technology is currently
not available through commercial vendors and therefore not commonly available
to state agencies and universities. Moreover it will require specialized equipment
for the end user to access.
The United States Geological Survey (USGS) is the lead agency in the federal
government for geospatial technology, and most likely in the forefront on
research on §508 compliance for GIS and GIS web accessibility. Amy Berger,
the USGS §508 Coordinator reports that her agency currently provides
USGS divisions a partial exemption to Section 508 for GIS web accessibility
and the procurement of electronic and information resources related to GIS,
as compliant software and several type specialized hardware is not commercially
available in the marketplace.
Response: The department agrees that GIS computer software under Chapter
213 should have a partial exemption. The exemption is included in the new
version of the Department of Information Resources (DIR) guidelines.
Comment: The proposed rules require each state agency and institution of
higher education to implement the proposed DIR rules independently of all
other agencies and institutions. This approach by DIR will result in unnecessary
duplication of effort, the possibility of inconsistent application of the
rules and the inefficient use of state resources. Even though numerous state
agencies and institutions of higher education may purchase the same IT product,
each will be required to independently evaluate whether the product complies
with the standards set out in these rules. We request that DIR amend the proposed
rules to provide for a mechanism to create a DIR managed registry listing
"pre-approved" commonly purchased products so that state agencies and institutions
of higher education could rely on the registry and avoid duplication of effort.
Response: The department disagrees as the Voluntary Product Accessibility
Template (VPAT) provides this information in a consistent method by the responsible
vendor. The department's commodity contracts will require the vendor to provide
the URL of the VPAT for each product.
Subchapter A. DEFINITIONS
1 TAC §§213.1 - 213.3
The new sections are adopted under the Texas Accessibility
Standards with the §508 standards of the Rehabilitation Act relating
to the accessibility of electronic and information resources contained in
36 C.F.R. Part 1195. The new sections implement §§2054.453 - 2054.459,
Texas Government Code, which require the department to consider the accessibility
provisions contained in 36 C.F.R. Part 1195.
§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 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)
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 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.
(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.
(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 computers,
ancillary equipment, software, firmware and similar procedures, services (including
support services), and related resources.
(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.
(9)
Product--Electronic and information technology.
(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.
(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.
(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.
(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.
(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 adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 7, 2006.
TRD-200602051
Renée Mauzy
General Counsel
Department of Information Resources
Effective date: April 27, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-4700
Subchapter B. SECURITY STANDARDS FOR STATE AGENCIES
Subchapter C. SECURITY STANDARDS FOR INSTITUTIONS OF HIGHER EDUCATION
Chapter 206.
STATE WEB SITES
Subchapter B. STATE AGENCY WEB SITES
Subchapter C. INSTITUTION OF HIGHER EDUCATION WEB SITES
Chapter 213.
ELECTRONIC AND INFORMATION RESOURCES
Subchapter B. ELECTRONIC AND INFORMATION RESOURCES FOR STATE AGENCIES