The Texas Department of Information Resources (the Department) adopts amendments to 1 TAC Chapter 206, §§206.1, 206.50, 206.52, 206.70, and 206.72, concerning State Websites, to clarify the processes and policies of current practices and correct typographical errors. Sections 206.1, 206.50, and 206.70 are adopted with changes to the text as published in the September 29, 2017, issue of the Texas Register (42 TexReg 5195) and are published below.

The Department published a formal notice of rule review in the March 11, 2016, issue of the Texas Register (41 TexReg 1980). After Board approval at the August 24, 2017, Board Meeting, the Department published the proposed amendments in the September 29, 2017, issue of the Texas Register (42 TexReg 5195). The proposed rules were submitted to the Information Technology Council for Higher Education and external state agency stakeholders for review and comment prior to bringing the rule to the Board. Their comments were considered, and many have been incorporated herein. Review of the sections implements Government Code, §2001.039.

DIR received a comment from ITCHE regarding the definition of electronic and information resources in §206.1(9) to include the addition of the word "store". DIR agrees with the comment and made the following change: Includes information technology and any equipment or interconnected system or subsystem of equipment used to create, convert, duplicate, store or deliver data or information.

DIR received a comment from ITCHE regarding the definition of state website in §206.1(20) to include the addition of the phrase "or institution of higher education". DIR agrees with the comment and made the following change: A website that is connected to the Internet and is owned, funded, or operated by or for a state agency or institution of higher education, including key public entry points.

DIR received a comment from ITCHE regarding §206.50(a)(1) to correct a citation. DIR agrees with the comment and made the following change: the standards referenced in US Section 508 Appendix C Chapter 7 §702.10 (WCAG 2.0 Level AA excluding Guideline1.2 Time Based Media).

DIR received comment from ITCHE regarding §206.70(a)(1) to correct a citation. DIR agrees with the comment and made the following change: the standards referenced in US Section 508 Appendix C Chapter 7 §702.10 (WCAG 2.0 Level AA excluding Guideline1.2 Time Based Media).

In 1 TAC §206.1, the Department adopts a 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. The Department renumbered 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 C Chapter 7 §702.10 (WCAG 2.0 Level AA excluding Guideline1.2 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 adopts language changes to clarify the rule.

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

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

In 1 TAC §206.50(f), the Department staff adopts 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 adopts 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 adopts 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 C Chapter 7 §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 adopts language changes to clarify the rule.

In 1 TAC §206.70(d), the Department staff adopts 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 adopts removing unnecessary language.

In 1 TAC §206.70(f), the Department staff adopts 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 adopts 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 adopts 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.

The clarification of terms and definitions, and the specific operational and business procedures highlighted in the rule, increases the effectiveness of the rule for agencies and institutions.

Mr. John Hoffman, Chief Technology Officer, has determined that during the first five-year period following the adoption of the amendments to 1 TAC Chapter 206, there will be limited fiscal impact on state agencies, institutions of higher education and local governments to comply with the amendments to the rule.

Mr. Hoffman has also determined that during the first five-year period following the adoption of the amendments to 1 TAC Chapter 206, there may be fiscal impact to state agencies and institutions of higher education required to comply with the amendments to the rule. That fiscal impact will vary, depending on the degree to which the state agencies, institutions, and vendors have a mature and robust Electronics and Information Resources accessibility program. To minimize the impact on agencies and institutions, compliance to the amended accessibility rules are not required until April of 2020.

Mr. Hoffman has further determined that for each year of the first five years following the adoption of the amendments to 1 TAC Chapter 206 there are limited anticipated additional economic costs to persons or small businesses required to comply with the adopted amendments to the 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.

The amendments are adopted under §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054, and §2054.458, 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 adoption.