Effective September 1, 2006, all EIR [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)In [Each state agency shall include in] its accessibility policy, an agency shall include standards and processes for handling exception requests for all EIR, including those subject to exceptions for a significant difficulty or expense contained in §2054.460, Texas Government Code. (2)Exceptions for a significant difficulty or expense under §2054.460, Texas Government Code must be approved in writing by [An exception request shall be submitted to] the executive director of an agency for each EIR 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 for a significant difficulty or expense under §2054.460, Texas Government Code shall include the following: (A)a date of expiration or duration of the exception ; (B)a plan for alternate means of access for persons with disabilities; (C)justification for the exception including technical barriers, cost of remediation, fiscal impact for bringing the EIR into compliance, and other identified risks [relevant cost avoidance estimates]; and (D)documentation of how the agency considered all agency resources available to the program or program component for which the product is being developed, procured, maintained, or used. [signature of the executive director of the agency.] (4)Agencies shall maintain records of approved exceptions in accordance with the [exception requests according to that] agency's records retention schedule [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 EIR [electronic and information resources] will be posted under the Accessibility section of the department's website [Web site]. (7)The following information shall be provided for each exemption listed: (A)a date of expiration or duration of the exemption ; (B)a plan for alternate means of access for persons with disabilities; [and] (C)justification for the exemption including technical barriers, cost of remediation, fiscal impact for bringing the EIR into compliance, and other identified risks; and [relevant cost avoidance estimates.] (D)written approval of the department's executive director. (8)The department shall establish and publish a policy under the Accessibility section of its website [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.
The agency certifies that legal counsel has reviewed
the
proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 23, 2014
TRD-201402463 Martin H. Zelinsky
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 6, 2014
For further information, please call: (512) 475-4700
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