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.

The 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.

The 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.

The 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.

The department proposes revisions to relettered subsection (c) to correct terminology.

The 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.

The amendments are proposed under §2054.052(a) and §2054.453, Texas Government Code.

No other statutes are affected by the proposal.