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.