PESO Meeting | June 11, 2014

1 TAC 213 Electronic and Information ResourcesRule Review

Jeff KlineStatewide Accessibility Coordinator

Lon BerquistTechnology Policy Administrator

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Rules Review Process

Aug. 2013 TAC 213 Review Workgroup established

8/22/13 DIR Board Approves Notice to Review

9/6/13 Notice of Review for TAC 213 in Texas Register

9/13- 5/14 Workgroup Revises TAC 213

5/22/14 DIR approves proposed amendments to TAC 213

6/6/14 Proposed Amendments posted in Texas Register

8/22/14 Adoption by DIR Board

9/14 Adopted Rule Posted in Texas Register

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Rule Review Content

The provisions included in the review are:

§213.1 Applicable Terms and Technologies for Electronic and Information Resources (except for terms taken from US Section 508)

§213.17 / §213.37             Compliance Exceptions and Exemptions

§213.18 / §213.38             Procurements

§213.19 / §213.39             Accessibility Training and Technical Assistance

§213.20 / §213.40             Accessibility Survey and Reporting Requirements

§213.21 / §213.41             Accessibility Policy and Coordinator

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Rule Review Content

Because the technical standards defined in US Section 508 of the Rehabilitation act of 1973 are currently under review, we determined not to review the following sections of TAC 213 at this time:

§213.10  / §213.30            Software Applications and Operating Systems

§213.11   / §213.31           Telecommunications Products

§213.12  / §213.32            Video and Multimedia Products

§213.13   / §213.33           Self Contained, Closed Products

§213.14   / §213.34           Desktop and Portable Computers

§213.15  / §213.35            Functional Performance Criteria

§213.16 / §213.36             Information, Documentation, and Support

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Revision Highlights§213.1 Applicable Terms and Technologies

New Terms

• Accessible

• Department

• Major Information Resources Project

• Section 508

• Technical Accessibility Standards and Specifications

Revised Definitions

• Electronic and Information Resources

• Voluntary Product Accessibility Template (VPAT)

• Exception

• Exemption

Deleted Terms: Buy Accessible Wizard, Commercially unavailable, Electronic and Information Resources Accessibility Standards, Web Accessibility Standards

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Revision Highlights

The term “electronic and information resources” has been abbreviated to “EIR” in §§213.10 - 213.21 (for state agencies) and §§213.30 - 213.41 (for institutions of higher education) for simplicity and brevity.

§213.17 / §213.37             Compliance Exceptions and Exemptions

• Clarification for exceptions based on significant difficulty or expense and includes new language addressing exception procedures and requiring supporting information for each exception.

• Modification to language requiring an exemption to include additional information for justification for exemption.

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Revision Highlights

§213.18 / §213.38             Procurements

• Deletes Buy Accessibility Wizard and includes provisions for the department and agencies to request other evidence of the vendor’s ability to produce accessible EIR products and services.

• Requires a procurement policy be implemented and that an agency’s contract or procurement oversight staff shall monitor the agency’s procurement processes and contracts for accessibility compliance.

• New provision requiring accessibility testing for projects which meet the criteria of a major information resource projects.

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Revision Highlights

§213.19 / §213.39             Accessibility Training and Technical Assistance

• Proposes the reorganization of existing provisions and requires the executive director of each agency and the president or chancellor of each institution of higher education to ensure appropriate staff receives training necessary to meet accessibility-related rules.

§213.20 / §213.40             Accessibility Survey and Reporting Requirements

• The proposed rule requires responses to the electronic and information resources state agency survey to be supported by agency documentation.

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Revision Highlights

§213.21 / §213.41             Accessibility Policy and Coordinator

• Proposes adding requirement for the department to designate and maintain a person responsible for statewide accessibility initiatives.

• Clarifications to provisions related to the publication of agency accessibility policies and plans.

Proposes new provision requiring agencies and institutions of higher education to provide contact and other information for the Accessibility Coordinator and to inform the department of any accessibility coordinator changes within a prescribed timeframe.

Proposes requiring the EIR Accessibility Coordinator position to be located within the organization to ensure effectiveness.

Proposes adding a requirement for agencies and institutions of higher education to establish goals for making EIR accessible.

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Questions?

Previous TAC 213

Texas Register Posting