The Texas Department of Information Resources (department) proposes amendments to §§213.17, 213.18, and 213.38, concerning Electronic and Information Resources.

The amendments to §213.17, concerning Compliance Exceptions and Exemptions, add content to standardize language within the rule. The change to the proposed rule applies to state agencies.

The amendments to §213.18 and §213.38, concerning Procurements, replace in one instance, and delete in a second instance, a non-functioning URL. The amendment also adds content to §213.38 to standardize language within the rule. The changes to the proposed rules apply to both state agencies and institutions of higher education.

Subchapter B. Accessibility Standards for State Agencies

In §213.17 the department proposes paragraph (3)(C) be modified to add content that was inadvertently omitted after the initial posting for comment appeared in the June 6, 2008, issue of the Texas Register (33 TexReg 4418), and prior to its approval by the department Board of Directors on August 26, 2008.

In §213.18 the department proposes an amendment to subsection (a)(1) to delete the non-functioning URL and replace it with a text equivalent; and subsection (a)(3) to delete the non-functioning URL.

Subchapter C. Accessibility Standards for Institutions of Higher Education

In §213.38 the department proposes subsection (a)(1) be modified to delete the non-functioning URL and replacing it with a text equivalent; subsection (a)(3) be modified to delete the non-functioning URL; and subsection (b)(2) be modified to add content to standardize language within the rule.

IMPACT ON STATE AGENCIES AND INSTITUTIONS OF HIGHER EDUCATION

The amendments should have a minimal impact because they are limited to non-material, clarifying corrections to existing provisions. This assessment of the impact on institutions of higher education has been prepared in consultation with the Information Technology Council for Higher Education in compliance with §2054.121(b), Texas Government Code.

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 there will be no fiscal impact to state agencies and institutions of higher education related to the proposed changes. There is no impact on local government as a result of enforcing or administering the proposed changes to the rules.

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. The amendments clarify the requirement that an exception request approved by the executive director of an agency must include a justification for the exception including relevant cost avoidance estimates 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. Additionally, the amendments clarify the source of the Voluntary Product Accessibility Template.

There are no anticipated economic costs to persons or small businesses required to comply with the proposed rules.

Comments on the proposed rules 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.

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

No other statutes are affected by this proposal.