The Texas Department of Information Resources (department) adopts the amendments to 1 TAC Chapter 213, §§213.1, 213.10 - 213.17, and 213.30 - 213.37; and new §§213.18 - 213.21 and §§213.38 - 213.41, concerning Electronic and Information Resources. Chapter 213, §§213.1, 213.21, and 213.41 are adopted with changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4418). Chapter 213, §§213.10 - 213.17, 213.30 - 213.37; and new §§213.18 - 213.20 and §§213.38 - 213.40 are adopted without change.

The amendments and new sections implement the requirements of Chapter 2054, Texas Government Code, Subchapter M, Access to Electronic and Information Resources By Individuals With Disabilities.

The department received written comments during the 30-day comment period from a Research Specialist, representing the Texas Governor's Committee On People with Disabilities (committee), the Texas Department of Aging and Disability Services, Center for Consumer and External Affairs, Stakeholder Relations Unit, DADS Council & EIR Accessibility Coordinator (DADS) and the Texas HHSC Civil Rights Office, Accessibility & Compliance Coordinator (HHSC) and an interested individual. A summary of the comments and responses follows.

Comment: The committee requested that "Web page/content" be changed to "Web pages and Web content" throughout the rule.

Response: In response to the comment, the department agrees that Web page is a defined term and using a combination of terms, such as "Web page/content", creates an ambiguity. The department therefore deleted the occurrence of "Web page/content" in the definition for "Web Accessibility Standards" in 1 TAC §213.1(18), and replaced it with "Web pages and Web Content."

Comment: An interested individual commented that the terms "Web pages, Web sites and Web application" used in 1 TAC §213.21(b), should be changed to "electronic and information resources."

Response: The department agrees that "Web pages, Web sites and Web application" was used incorrectly in this rule. In response to the comment, the phrase "Web pages, Web sites and Web application" was deleted from 1 TAC §213.21(b), and replaced with "electronic and information resources." Because 1 TAC §213.41(b) uses the same terminology applied to institutions of higher education, the same change was also made to 1 TAC §213.41(b).

Comment: HHSC commented that 1 TAC §206.51(b) and 1 TAC §213.21(b) requires agencies to develop a plan "... by which all noncompliant Web pages, Web sites and Web applications will be brought into compliance ...", and asked if that includes EIR (electronic and information resources) in existence before September 2006. Read literally, it includes all EIR, not just that produced since September 2006.

Response: The department agrees with the comment that 1 TAC §213.21(b) is ambiguous. If read literally, the proposed rule might lead a reader to conclude incorrectly that all EIR must be brought into compliance, including those electronic and information resources that are not subject to the electronic and information resources accessibility standards. Therefore, 1 TAC §213.21(b) has been revised to require that the plan only address EIR that are subject to the electronic and information resources accessibility standards, as defined in 1 TAC §213.1(7). Because 1 TAC §213.41(b) uses the same terminology applied to Institutions of Higher Education, the same change was also made to §213.41(b).

Comment: DADS commented that the specific job duties of the Accessibility Coordinator should be left to the discretion of each agency.

Response: In response to the comment, the department affirms that the specific job duties of the Accessibility Coordinator are not defined by rule. It is the responsibility of each agency to identify the specific job duties of their Accessibility Coordinator. No changes were made to the rule. The department intends to provide additional guidance and assistance on this topic following adoption of the rule.

The amendments and new sections are adopted under §2054.052(a), Texas Government Code, which authorizes the department to adopt rules necessary to implement its responsibilities under the Information Resources Management Act, and §2054.453, Texas Government Code, which authorizes the department to adopt rules necessary to implement its responsibilities for the development, procurement, maintenance, and use of electronic and information resources by state agencies to provide access to individuals with disabilities.