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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.]
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
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