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(a)As of September 1, 2006 all new electronic and information resources products developed, or procured by a state agency shall comply with the applicable provisions of this subchapter, unless it would impose a significant difficulty or expense for the state agency. (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.
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 November 2, 2005
TRD-200505014 Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: December 18, 2005
For further information, please call: (512) 936-6448
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