The Texas Department of Information Resources (department) proposes amendments to 1 TAC Chapter 213, §§213.1, 213.10 - 213.21, and 213.30 - 213.41, concerning Electronic and Information Resources. The proposed changes include the addition of new definitions and the modification of some existing definitions in §213.1; requirements in §213.17 and §213.37 for EIR compliance exceptions and exemptions; requirements in §213.18 and §213.38 for commodity procurement contracts; and requirements in §213.21 and §213.41 regarding agency and institution of higher education accessibility policies and accessibility coordinator positions.

The proposed changes are limited to those provisions not directly linked to the U.S. Section 508 technical standards. The U.S. Access Board has announced that those technical standards will be significantly updated within the next year and therefore the department has decided to review only the provisions unique to Texas state agencies and institutions of higher education. Once U.S. Section 508 has been adopted, the department will consider amendments to 1 TAC Chapter 213 to maintain conformity with federal standards. The proposed rules apply to both state agencies and institutions of higher education.

In §213.1 the department proposes to add the following definitions because of new or revised content in Chapter 213: "Accessible", "Department", "Major Information Resources Project", "Section 508", and "Technical Accessibility Standards and Specifications".

The definitions of "Electronic and Information Resources (EIR)" and "Voluntary Product Accessibility Template (VPAT)" have been broadened for clarification; and definitions for "Exception" and "Exemption" have been changed to include the phrase "non-compliance" rather than "non-conformance". The department proposes deleting the definitions for "Buy Accessible Wizard", "Commercially unavailable", "Electronic and information resources accessibility standards", and "Web Accessibility Standards" that are no longer applicable for new or revised content in Chapter 213.

In addition, the department proposes abbreviating the term "electronic and information resources" as "EIR" in §§213.10 - 213.21 (for state agencies) and §§213.30 - 213.41 (for institutions of higher education) for simplicity and brevity.

In §213.17, for state agencies, and §213.37, for institutions of higher education, the department proposes adding language to include specific exception areas pursuant to §§2054.460, 2054.462 and 2054.463, Texas Government Code. The department proposes clarifying language for exceptions based on significant difficulty or expense and includes new language requiring additional supporting information for each exception. Procedures for creating and maintaining exception requests has also been clarified. The department also proposes modification to language requiring an exemption to include additional information as justification for the exemption.

In §213.18, for state agencies, and §213.38, for institutions of higher education, the proposed amendments include the elimination of the use of Buy Accessible Wizard documents as a means of communicating accessibility compliance and sets forth provisions for the department and agencies to request other evidence of a vendor's ability to produce accessible EIR products and services. The department proposes to require that a procurement policy be implemented and that an agency's contract or procurement oversight staff shall monitor the agency's procurement processes and contracts for accessibility compliance. The department has clarified to what EIR these procurement provisions apply. The department proposes a new provision requiring accessibility testing for projects which meet the criteria of a major information resource projects.

In §213.19, for state agencies, and §213.39, for institutions of higher education, the department proposes the reorganization of existing provisions and requires the executive director of each agency and the president or chancellor of each institution of higher education to ensure appropriate staff receives training necessary to meet accessibility-related rules.

In §213.20, for state agencies, and §213.40, for institutions of higher education, the proposed rule requires responses to the electronic and information resources state agency survey to be supported by agency documentation.

In §213.21, for state agencies, and §213.41, for institutions of higher education, the department proposes adding the requirement for the department to designate and maintain a person responsible for statewide accessibility initiatives. The department has made clarifications to provisions related to the publication of agency accessibility policies and plans.

The department proposes a new provision requiring agencies and institutions of higher education to provide contact and other information for the Accessibility Coordinator and to inform the department of any accessibility coordinator changes within a prescribed timeframe. The department also proposes requiring the EIR Accessibility Coordinator position to be located within the organization to ensure effectiveness. Finally, the department proposes adding a requirement for agencies and institutions of higher education to establish goals for making EIR accessible.

Todd Kimbriel, Chief Operations Officer, has determined that during the first five-year period following the adoption of amendments to Chapter 213, there will be no fiscal impact on state agencies, institutions of higher education and local governments. The elimination of unnecessary rules and clarification of terms and definitions increases the effectiveness of the rules for agencies and institutions.

Mr. Kimbriel has further determined that for each year of the first five years following the adoption of amendments to Chapter 213 there are no anticipated economic costs to persons or small businesses required to comply with the proposed rules.

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

Written comments on the proposed rules may be submitted to Chad Lersch, Assistant General Counsel, 300 West 15th Street, Suite 1300, Austin, Texas 78701 or to chad.lersch@dir.texas.gov. Comments will be accepted for 30 days after publication in the Texas Register.

The amendments are proposed under §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054; and §2054.453, Texas Government Code, which authorizes the department to adopt rules in compliance with federal standards and laws regarding the development, procurement, maintenance, and use of electronic information resources by state agencies to provide access to individuals with disabilities.

No other code, article or statute is affected by this proposal.