HBA-TYH H.B. 2646 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2646
By: Uher
State Affairs
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Under Section 2157.005, Government Code, a technology access clause was
developed to allow for both visual and nonvisual access to automated
information systems.  The clause is to be included in all documents
(offers, quotes, etc.) and contracts entered into by the state or state
agencies, related to the procurement of automated information system (AIS)
products, regardless of dollar amount. The clause requires, as a condition
for the expenditure of state funds in the purchase of an AIS product, that
the technology provide equivalent access for effective use by both visual
and nonvisual means.   

Since the law's passage, there has been some confusion between how the law
is written and how the technology access clause is applied.  The statute
prevents the state from purchasing only the specific technology access
solutions necessary to meet the needs of the visually-impaired.  Rather,
the state would have to buy, because the vendor would have to sell, units
that include the equal access technology, even if the needs of the
visually-impaired employees are already met.  Additionally, it is unclear
if the state is prevented from relying on third-party providers as its
means of meeting the access requirement.  In the statute, it seems to
require absolute, rather than "reasonable," equivalent access for both the
sighted and the visually impaired.  

H.B. 2646 allows the state to acquire only the necessary amount of the
vendor's technology needed for the visually-impaired, allows the state to
purchase from third-party providers, and modifies the language from
"equivalent access" to "reasonable accommodation." 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2157.005(b), Government Code, to provide, rather
than require, that technology access clause must clearly state, as a
condition for the expenditure of state funds for the purchase of an
automated information system, that the technology, as furnished by the
vendor or with the addition of readily available and reasonably priced
products from other vendors, must  provide reasonable accommodation, rather
than equivalent access, for effective use by both visual and nonvisual
means, present information in formats intended for both visual and
nonvisual use, and be integrated into networks for obtaining, retrieving,
and disseminating information used by individuals who are not blind or
visually impaired. 

SECTION 2.  (a)  Effective date: September 1, 1999.

(b) Requires the General Services Commission and the Department of
Information Resources to develop a technology access clause to comply with
Section 2157.005, Government Code, as amended by this Act, not later than
January 1, 2000. 

(c)  Makes application of this Act prospective.

SECTION 3.  Emergency clause.