The following words and terms, when used with this chapter,
shall have the following meanings unless the context clearly indicates
(1) Completed Accessibility Conformance Report (ACR)--an
accessibility report of an EIR item's compliance with Section 508
that is created using a VPAT template.
(2) Accessible--Describes an electronic and information
resource that can be used in a variety of ways and (the use of which)
does not depend on a single sense or ability.
(3) Agency head--The top-most senior executive with
operational accountability for an agency, department, commission,
board, office, council, authority, or other agency in the executive
or judicial branch of state government that is created by the constitution
or a statute of the state; or institutions of higher education as
defined in Texas Education Code §61.003.
(4) Alternate formats--Alternate formats usable by
people with disabilities may include, but are not limited to, Braille,
ASCII text, large print, recorded audio, and electronic formats that
comply with this chapter.
(5) Alternate methods--Different means of providing
information, including product documentation, to people with disabilities.
Alternate methods may include, but are not limited to, voice, fax,
relay service, TTY, Internet posting, captioning, text-to-speech synthesis,
and audio description.
(6) Assistive technology--Any item, piece of equipment,
or system, whether acquired commercially, modified, or customized,
that is commonly used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
(7) Commercial off-the-shelf product--a software product
that is available in the commercial marketplace prior to customization.
(8) Department--The Department of Information Resources.
(9) Electronic and information resources (EIR)--Includes
information technology and any equipment or interconnected system
or subsystem of equipment used to create, convert, duplicate, store,
or deliver data or information. EIR includes telecommunications products
(such as telephones), information kiosks and transaction machines,
web sites, multimedia, and office equipment such as copiers and fax
machines. The term does not include any equipment that contains embedded
information technology that is used as an integral part of the product,
but the principal function of which is not the acquisition, storage,
manipulation, management, movement, control, display, switching, interchange,
transmission, or reception of data or information. For example, thermostats
or temperature control devices, and medical equipment that contain
information technology that is integral to its operation, are not
information technology. If the embedded information technology has
an externally available web or computer interface, that interface
is considered EIR. Other terms such as, but not limited to, Information
and Communications Technology (ICT), Information Technology (IT),
Electronic Information Technology (EIT), etc. can be considered interchangeable
terms with EIR for purposes of applicability or compliance with this
(10) Electronic and information resources (EIR) Development
Services--Design, development, and / or programming services that
developers provide to enterprises and software publishers.
(11) Exception--A justified, documented non-compliance
with one or more standards or specifications of Chapter 206 and/or
Chapter 213 of this title, which has been approved by the agency head
or the President or Chancellor of an Institution of Higher Education.
(12) Exemption--A justified, documented non-compliance
with one or more standards or specifications of Chapter 206 and/or
Chapter 213 of this title, which has been approved by the department
and which is applicable statewide.
(13) Hardware. A tangible device, equipment, or physical
component of ICT, such as telephones, computers, multifunction copy
machines, and keyboards.
(14) Major information resource project (MIRP)--Any
information resources technology project that meets the criteria defined
in Texas Government Code §2054.003(10).
(15) Operable controls--A component of a product that
requires physical contact for normal operation. Operable controls
include, but are not limited to, mechanically operated controls, input
and output trays, card slots, keyboards, and keypads.
(16) Product--Electronic and information technology.
(17) Section 508 Standards--The technical standards
established by Section 508 of the Rehabilitation Act of 1973 as amended,
29 U.S.C. §794(d), 36 C.F.R. §1194.1, established by the
federal Architectural and Transportation Barriers Compliance Board
(the "Access Board") that apply to electronic and information technology
developed, procured, maintained, or used by the federal government,
including computer hardware and software, websites, phone systems,
and copiers. The Section 508 standards were issued to implement Section
508 of the federal Rehabilitation Act of 1973, as amended, 29 U.S.C.
794(d)), which requires access for both members of the public and
federal employees to such technologies when developed, procured, maintained,
or used by federal agencies.
(18) Self Contained, Closed Products--Products that
generally have embedded software and are commonly designed in such
a fashion that a user cannot easily attach or install assistive technology.
These products include, but are not limited to, information kiosks
and information transaction machines, copiers, printers, calculators,
fax machines, and other similar products.
(19) Technical Accessibility Standards and Specifications--Accessibility
standards and specifications for Texas agency and institution of higher
education websites and EIR set forth in Chapter 206 and/or Chapter
213 of this title.
(20) Telecommunications--The transmission, between
or among points specified by the user, of information of the user's
choosing, without change in the form or content of the information
as sent and received.
(21) Training/Technical Assistance--Training and technical
assistance to comply with the accessibility standards.
(22) Voluntary Product Accessibility Template (VPAT)--A
vendor-supplied form for a commercial off-the-shelf Electronic and
Information Resource used to document its compliance with technical
accessibility standards and specifications. A link to the standardized
VPAT form is available at the department's website.
(23) Worldwide Web Consortium Web Content Accessibility
Guidelines 2.0--a referenceable, international technical standard
containing 12 guidelines that are organized under 4 principles: perceivable,
operable, understandable, and robust. For each guideline, there are
testable success criteria, which are at three levels: A, AA, and AAA.
Also known as ISO/IEC International Standard ISO/IEC 40500:2012.
(24) The terms referenced by Section 508 Appendices
A and C shall have the meaning stated therein.