The Texas Department of Information Resources (the Department) proposes amendments to 1 TAC Chapter 206, §§206.1, 206.50, 206.52, 206.70, and 206.72, concerning the State Websites, to clarify the processes and policies of current practices and correct typographical errors. The Department published a formal notice of rule review in the March 11, 2016, issue of the Texas Register (41 TexReg 1980). Review of the sections implements Government Code, §2001.039.

In 1 TAC §206.1, the Department proposes adding the definition for assistive technologies. The definition is consistent with 1 TAC §213 and provides clarification to the rule. The Department clarifies the definition of Section 508. The Department revised the definition of Electronic and information resources to be consistent with 1 TAC §213. The Department adds a definition for Worldwide Web Consortium Web Content Accessibility Guidelines 2.0. Finally, the Department proposes renumbering the definitions to reflect the changes.

In 1 TAC §206.50(a), the Department clarifies the effective date of complying with the standards referenced in US Section 508 Appendix A Chapter 7 §702.10 (WCAG 2.0 Level AA excluding Guideline 1.2 Time Based Media).

In 1 TAC §206.50(b), the Department in consultation with Accessibility coordinators, determined each state agency must consider captioning and alternative forms of accommodation for videos posted on state websites.

In 1 TAC §206.50(c), the Department staff proposes language changes to clarify the rule.

In 1 TAC §206.50(d), the Department staff proposes a language change to clarify the rule and allow increased flexibility for state agencies.

In 1 TAC §206.50(e), the Department staff proposes removing unnecessary language.

In 1 TAC §206.50(f), the Department staff proposes adding new language to ensure state agencies remain up to date on emerging technologies and content delivery platforms.

In 1 TAC §206.50(g), the Department staff proposes adding a requirement for the Department to assist in setting statewide goals and track agencies’ progress towards those goals.

In 1 TAC §206.52, the Department staff proposes correction of an incorrect Texas Penal Code legal citation.

In 1 TAC §206.70(a), the Department clarifies the effective date of complying with the standards referenced in US Section 508 Appendix A Chapter7 §702.10 (WCAG 2.0 Level AA excluding 1.2 Time Based Media).

In 1 TAC §206.70(b), the Department in consultation with Accessibility coordinators, determined each institute of higher education must consider captioning and alternative forms of accommodation for videos posted on state websites.

In 1 TAC §206.70(c), the Department staff proposes language changes to clarify the rule.

In 1 TAC §206.70(d), the Department staff proposes a language change to clarify the rule and allow increased flexibility for institutions of higher education.

In 1 TAC §206.70(e), the Department staff proposes removing unnecessary language.

In 1 TAC §206.70(f), the Department staff proposes adding new language to ensure institutions of higher education remain up to date on emerging technologies and content delivery platforms.

In 1 TAC §206.70(g), the Department staff proposes adding a requirement for the Department to assist in setting institution of higher education goals and track institutions of higher education progress towards those goals.

In 1 TAC §206.72, the Department staff proposes correction of an incorrect Texas Penal Code legal citation.

The changes to the chapter apply to state agencies and institutions of higher education. The assessment of the impact of the adopted changes on institutions of higher education was prepared in consultation with the Information Technology Council for Higher Education (ITCHE) in compliance with §2054.121(c), Texas Government Code.

John Hoffman, Chief Technology Officer, has determined during the first five-year period following the amendments to 1 TAC Chapter 206 there will be no fiscal impact on state agencies, institutions of higher education and local governments.

Mr. Hoffman has further determined for each year of the first five years following the adoption of the amendments to 1 TAC Chapter 206 there are no anticipated additional economic costs to persons or small businesses required to comply with the amended rule.

Mr. Hoffman has further determined that for the first five years the sections are in effect, the public benefit anticipated as a result of the amended rules will result in better accessibility to state websites for citizens with disabilities.

Written comments on the proposed rules may be submitted to Martin Zelinsky, General Counsel, 300 West 15th Street, Suite 1300, Austin, Texas 78701, or to martin.zelinsky@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 §§2054.112, 2054.116, 2054.125, 2054.126 and 2054.458, Texas Government Code, which reference rules created by the department regarding the development of State Websites.

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