<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 1ADMINISTRATION
PART 10DEPARTMENT OF INFORMATION RESOURCES
CHAPTER 213ELECTRONIC AND INFORMATION RESOURCES
SUBCHAPTER BACCESSIBILITY STANDARDS FOR STATE AGENCIES
RULE §213.18Procurements

(a) The department, in establishing commodity procurement contracts, for which the solicitation is issued on or after January 1, 2015, shall obtain and make available to state agencies all that apply:

  (1) accessibility information for products or services, where applicable, through one of the following methods:

    (A) the URL to completed Voluntary Product Accessibility Templates (VPATs) or equivalent reporting templates;

    (B) accessible electronic documents that address the same accessibility criteria in substantively the same format as VPATs or equivalent reporting templates; or

    (C) the URL to a web page which explains how to request completed VPATs, or equivalent reporting templates, for any products under contract;

  (2) credible evidence of the vendor's capability or ability to produce accessible EIR products and services. Such evidence may include, but is not limited to, a vendor's internal accessibility policy documents, contractual warranties for accessibility, accessibility testing documents, and examples of prior work results.

(b) For the procurement of EIR made directly by an agency or through the department's commodity procurement contracts for which the solicitation is issued on or after January 1, 2015, the agency shall require a vendor to provide all that apply:

  (1) accessibility information for the purchased products or services, where applicable, through one of the following methods:

    (A) the URL to completed VPATs or equivalent reporting templates;

    (B) an accessible electronic document that addresses the same accessibility criteria in substantially the same format as VPATs or equivalent reporting templates; or

    (C) the URL to a web page which explains how to request completed VPATs, or equivalent reporting templates, for any products under contract;

  (2) credible evidence of the vendor's capability or ability to produce accessible EIR products and services. Such evidence may include, but is not limited to, a vendor's internal accessibility policy documents, contractual warranties for accessibility, accessibility testing documents, and examples of prior work results.

(c) An agency shall implement a procurement accessibility policy, and supporting business processes and contract terms, for making procurement decisions. An agency shall monitor the procurement processes and contracts for accessibility compliance.

(d) This subchapter applies to EIR developed, procured, or materially changed by an agency, or developed, procured, or materially changed by a contractor under a contract with an agency which requires the use of such product, or requires the use, to a significant extent, of such product in the performance of a service or the furnishing of a product.

(e) Unless an exception is approved by the executive director of the state agency pursuant to §2054.460, Texas Government Code, and §213.17 of this chapter, or unless an exemption is approved by the department, pursuant to §2054.460, Texas Government Code, and §213.17 of this chapter, all EIR products developed, procured or materially changed through a procured services contract, and all electronic and information resource services provided through hosted or managed services contracts, shall comply with the provisions of Chapter 206 and Chapter 213 of this title, as applicable.

(f) Nothing in this subchapter is intended to prevent the use of designs or technologies as alternatives to those prescribed in this subchapter provided they result in substantially equivalent or greater access to and use of a product for people with disabilities.

(g) For projects which meet the criteria of a major information resource project (MIRP), accessibility testing shall be documented by a knowledgeable agency staff member or third party testing resource to validate compliance with §206.50 of this title and this chapter.


Source Note: The provisions of this §213.18 adopted to be effective September 16, 2008, 33 TexReg 7744; amended to be effective November 17, 2009, 34 TexReg 8027; amended to be effective September 18, 2014, 39 TexReg 7565

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page