The Texas Department of Information Resources (department) proposes amendments to 1 TAC Chapter 213, §§213.1, 213.2, 213.10 - 213.21, and 213.30 - 213.41, concerning Electronic and Information Resources. The proposed changes include but are not limited to the addition of new definitions and the modification of some existing definitions in §213.1; amendment of accessibility standards to incorporate by reference existing federal law in §§213.10- 213.16 and §§213.30 - 213.36; 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. In addition, the department proposes two new sections, §213.22 and §213.42, and the repeal of §213.14 and §213.34.

The U.S. Access Board's technical standards were fully adopted within the year preceding this proposal. The department has proposed amendments that will maintain conformity with federal standards by incorporating these standards by reference.

In addition, the department proposes correcting references to Texas Administrative Code and Texas Government Code in compliance with legal grammatical standards in §§213.2, 213.10 - 213.21 (for state agencies) and §§213.30 - 213.41 (for institutions of higher education) for clarity.

In §213.1 the department proposes to add the following definitions because of new or revised content in Chapter 213: "Completed Accessibility Conformance Report"; "Agency Head"; "Commercial off-the-shelf product"; "Electronic and information resources (EIR) Development Services"; "Hardware"; "Worldwide Web Consortium Web Content Accessibility Guidelines 2.0." DIR has also added a reference to all terms stated in Section 508 Appendices A and C.

The definitions of "Electronic and Information Resources (EIR)" and "Section 508" have been broadened for clarification; and the definition for "Exception" has been changed to include the phrase "agency head" rather than "Executive Director of an Agency." The department proposes deleting the definitions for "Information Technology", which is now included in the definition for "Electronic and Information Resources," and "TTY" as it is no longer applicable for new or revised content in Chapter 213.

The department further proposes an effective date of April 18, 2020, to permit agencies and institutions of higher education to become compliant with the proposed rules.

In §213.10, for state agencies, and §213.30, for institutions of higher education, the department proposes removing outdated federal standards from rule. The proposed language incorporates by reference the standards for software applications and operating systems articulated by federal law.

In §213.11, for state agencies, and §213.31, for institutions of higher education, the department proposes striking the standards for telecommunications products as under current federal standards, the telecommunications industry, rather than governmental entities, are subject to these requirements. The department proposes an amendment requiring contractual language obligating manufacturers of telecommunications equipment or providers of telecommunication services to assert compliance with federal law when such compliance is achievable.

In §213.12, for state agencies, and §213.32, for institutions of higher education, the department proposes removing outdated federal standards from rule. The proposed language incorporates by reference the standards for video and multimedia products articulated by federal law. The department further proposes new language requiring consideration of captioning and alternative forms of accommodation when such request is received by an entity.

In §213.13, for state agencies, and §213.33, for institutions of higher education, the department proposes amending the title from "Self Contained, Closed Products" to "Hardware." The proposed amendments remove outdated federal standards from rule. The proposed language incorporates by reference the standards for hardware articulated by federal law.

The department proposes the repeal of §213.14, for state agencies, and §213.34, for institutions of higher education, as these requirements are no longer imposed upon state agencies by the relevant federal statutes.

In §213.15, for state agencies, and §213.35, for institutions of higher education, the department proposes removing outdated federal standards from the rule. The department proposes clarifying language requiring compliance with this section only where EIR is noncompliant with other relevant sections as currently articulated by federal law.

In §213.16, for state agencies, and §213.36, for institutions of higher education, the department proposes renaming the rule for clarity. The department further proposes removing existing language regarding outdated federal standards. The proposed language incorporates by reference the standards for support documentation and services articulated by federal law.

In §213.17, for state agencies, and §213.37, for institutions of higher education, the department proposes adding language to clarify accessibility requirements for legacy EIR. The department proposes clarifying language for exceptions based on significant difficulty or expense and includes new language identifying the time frame in which an exception might be sought. Documentation required to approve an exception now includes evidence of consideration of alternative solutions.

In §213.18, for state agencies, and §213.38, for institutions of higher education, the department proposes requiring vendor provision of certain accessibility information during the procurement of the department's commodity procurement contracts, entity purchase off a department commodity procurement contract, or made directly by the entity. The proposed amendments further provide that completed accessibility conformance reports may be submitted in lieu of a VPAT. The proposed amendments also assert that EIR shall be considered noncompliant if these documents cannot be provided. The department amends the existing provision requiring accessibility testing for projects to require additional documentation of accessibility testing, planning, and execution criteria for the project. The proposed amendment applies to any EIR project that would meet MIRP criteria but lowers the monetary threshold to trigger this provision to $500,000.

In §213.19, for state agencies, and §213.39, for institutions of higher education, the department proposes eliminating the requirement that the department provide training regarding compliance with accessibility rules. The proposed rules also add a requirement that accessibility criteria shall be considered for inclusion in job descriptions where the position is responsible for EIR accessibility matters.

In §213.20, for state agencies, and §213.40, for institutions of higher education, the proposed rule expands the material gathered for the accessibility survey to include progress made towards compliance with accessibility rules.

In §213.21, for state agencies, and §213.41, for institutions of higher education, the department proposes requiring the EIR plan be agency approved and removes the requirement that it be published. The amendment further proposes that the EIR plan must include a information on how EIR will be maintained in compliance with accessibility rules. The department also proposes clarification regarding organizational placement of the EIR Accessibility Coordinator position to ensure effectiveness.

In §213.22, for state agencies, and §213.42, for institutions of higher education, the department proposes the establishment of a holdover provision to ensure that state agencies and institutions of higher education remain in compliance with the existing rule until the effective date of the proposed rule.

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 Texas Government Code §2054.121(c). ITCHE determined that there was no fiscal impact upon institutions of higher education as a result of the proposed changes.

Jeff Kline, State EIR Accessibility Program Director, 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.

There is no impact on local government as a result of enforcing or administering the amended rule as proposed as they are not subject to the limits enacted by the Legislature. There is no economic impact on rural communities as a result of enforcing or administering the amended rule as proposed.

Pursuant to Government Code §2001.0221, the agency provides the following Governmental Growth Impact Statement for the proposed amendment. The agency has determined the following:

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation or elimination of employee positions.

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rule does not require an increase or decrease in fees paid to the agency.

5. The proposed rule does not create a new regulation.

6. The proposed rule does not repeal an existing regulation.

7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.

8. The proposed rule does not positively or adversely affect the state's economy.

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

The amendments and new section 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 statute, article, or code is affected by this proposal.