TITLE 1. ADMINISTRATION
PART 10. DEPARTMENT OF INFORMATION RESOURCES
CHAPTER 213. ELECTRONIC AND INFORMATION RESOURCES
The Texas Department of Information Resources (department) adopts new rules, amendments and repeals to 1 Texas Administrative (TAC) Chapter 213, concerning Electronic and Information Resources. 1 Texas Administrative Code (TAC) Chapter 213, Subchapter A, §213.4, Subchapter B, §§213.11, 213.13, 213.17 - 213.22, and Subchapter C, §§213.31, 213.33, 213.37, 213.39 - 213.42, are adopted without changes to the proposal as published in the March 13, 2026, edition of the Texas Register (51 TexReg 1469) and will not be republished.
The department adopts 1 TAC Chapter 213, Subchapter A, §213.1, and Subchapter C, §213.38, with nonsubstantive changes to the rules as published in the March 13, 2026, edition of the Texas Register (51 TexReg 1469). These sections will be republished.
The department is taking no action on the proposed 1 TAC Chapter 213, Subchapter B, §§213.10, 213.12, and 213.15, and Subchapter C, §§213.30, 213.32, and 213.35, at this time.
The adopted amendments are the result of the department's statutory quadrennial rule review of 1 TAC Chapter 213. The department's formal notice of rule review was published in the November 17, 2023, issue of the Texas Register (48 TexReg 6751). The proposed rules were published in the March 13, 2026, edition of the Texas Register (51 TexReg 1469).
The adopted rules apply to state agencies and institutions of higher education.
Comments Received by the Department
The department received public comments from Texas Register staff, two executive state agency employees, and one institution of higher education employee.
The Texas Register staff member identified errors in publication resulting in incorrect cross-references to state agency rather than institution of higher education sections and referencing institutions of higher education as a state agency in Subchapter C, §§213.30, 213.32, and 213.38. The department declined to make changes to §§213.30 and 213.32 as the department is not taking any action on those items at this time. The department made nonsubstantive changes intended to remedy this error in §213.38(f)(3) from "substantially alters work methods of agency personnel or the delivery of services to clients" to "substantially alters work methods of institution personnel or the delivery of services to client" and §213.38(f)(2) from "involves more than one state agency or institution of higher education; or" to "involves more than one institution of higher education or state agency."
An executive state agency staff member identified a typographical error in §213.1(15) regarding the term Worldwide Web Consortium Web Content Accessibility Guidelines. The department considered this change and made a nonsubstantive amendment to correct the error.
An executive state agency staff member requested the department amend 1 TAC Chapter 213 to include a provision clarifying that a state-controlled digital elevator interface functioning as an interactive information system must comply with EIR accessibility requirements, including the procurement, development, maintenance, and evaluation thereof, and identifying additional specific accessibility requirements for mixed-function digital elevator interfaces. The department declined to make this change as identifying specific types of EIR to which this chapter applies is regulatorily inefficient and risks the department exceeding its statutory rulemaking authority.
An institution of higher education employee identified cross-reference errors and references to state agencies rather than institutions of higher education in Subchapter C, §§213.30, 213.32, 213.33, 213.35, 213.36, and 213.38. The department declined to make changes to §§213.30, 213.32, 213.35, and 213.36, as the department is not adopting these sections at this time. The department reviewed the comments regarding §213.33 and §213.38 and amended all incorrect cross-references from the state agency section to the correlative institution of higher education section and corrected typographical errors referencing state agencies instead of institutions of higher education.
An institution of higher education employee identified a section of the rule in the existing §213.38 that was not included either as a strikethrough or existing language in the published proposal. The department considered this comment and proposes a nonsubstantive amendment from "Unless an exception is approved by the president or chancellor of an institution of higher education pursuant to Texas Government Code § 2054.460 and §213.37 of this subchapter, 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" to "Unless an exception is approved by the president or chancellor of an institution of higher education pursuant to Texas Government Code § 2054.460 and §213.37 of this subchapter or an exemption is approved by the department pursuant to Texas Government Code § 2054.460 and 1 Texas Administrative Code §213.37, 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."
Description of Adopted Changes
Within Subchapter A, the department adopts §213.1 and §213.4. Section 213.1 clarifies existing specialized defined terms and their definitions required by the rule, including the terms "Accessibility Conformance Report," "accessible," "alternate methods," "electronic and information resources (EIR)", "Electronic and information resources (EIR) development services," "exception," "product," "Section 508 Standards," "telecommunications," "Voluntary Product Accessibility Template (VPAT)", and World Wide Web Consortium Web Content Accessibility Guidelines," while also introducing new specialized terms, such as "digital accessibility" and "DOJ Title II rule." Section 213.4 consolidates department-only responsibilities currently replicated across Subchapters B and C into a single section.
The department adopts subchapter B, §§213.11, 213.13, 213.17 - 213.20, for state agencies and subchapter C, §§213.31, 213.33, 213.37 - 213.42, for institutions of higher education. These sections establish the minimum electronic and information resources accessibility standards and procurement requirements for state agencies, including institutions of higher education, required by Texas Government Code Chapter 2054, Subchapter M.
In §§213.19 - 213.20, for state agencies, and §§213.39 - 213.42, for institutions of higher education, the department establishes necessary programmatic, governance, and reporting requirements for an entity's accessibility programs.
In §213.21, for state agencies, and §213.41, for institutions of higher education, the department adopts the retitling of the EIR Accessibility Coordinator role to Digital Accessibility Officer, thereby streamlining this individual's responsibilities.
In §213.22, for state agencies, and §213.42, for institutions of higher education, the department repeals its existing obsolete holdover date and replaces this section with a section admonishing entities to adopt the higher required federal standard if there are discrepancies between two federal standards with which an entity must comply.
SUBCHAPTER
A.
Enabling Authority
The new rule and amendments are adopted pursuant to Texas Government Code § 2054.052(a), which authorizes the department to adopt rules as necessary to implement its responsibilities under Texas Government Code Chapter 2054, and Texas Government Code § 2054.453, which requires the department to establish rules to implement electronic and information resources accessibility, including rules regarding the development, procurement, maintenance, and use of electronic and information resources by state agencies to provide access to individuals with disabilities and a procurement accessibility policy.
No other code, article, or statute is affected by this adoption.
§213.1.
The following words and terms, when used with this chapter, shall have the following meanings unless the context clearly indicates otherwise.
(1) Accessibility Conformance Report (ACR)--a report based on a completed VPAT demonstrating how a product or service conforms to WCAG standards and success criteria.
(2) Accessible--Describes an EIR that does not depend on a single sense or ability and does not limit use by people with disabilities.
(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 and the provision of government services through EIR, 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) Digital Accessibility--The practice of designing, developing, and maintaining EIR in a manner that ensures individuals with disabilities can access and utilize the technology.
(10) DOJ Title II Rule--The final rule published by the U.S. Department of Justice titled "Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Communications Technology" (28 CFR Part 35, RIN 1190-AA80). This federal regulation requires state and local government entities to ensure that their web content and mobile applications are readily accessible to and usable by individuals with disabilities by conforming to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards or higher.
(11) Electronic and information resources (EIR)--As defined by Texas Government Code § 2054.451. The term does not include equipment that contains embedded information technology where the principal function is not processing or managing information. If the embedded information technology processes or manages information through an external web or computer interface, that interface is considered EIR. Other terms such as, but not limited to, Information and Communications Technology (ICT) as defined by Section 508 Standards, Information Technology (IT) and Electronic Information Technology (EIT), etc. can be considered interchangeable terms with EIR for purposes of applicability or compliance with this chapter.
(12) Electronic and information resources (EIR) Development Services--Design, development, and / or programming services that developers provide for web development, application development, and/or configuration that impacts a user interface.
(13) Exception--A justified, documented non-compliance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title or, as applicable, the DOJ Title II Rule, which has been approved by the agency head or the President or Chancellor of an Institution of Higher Education.
(14) 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.
(15) Hardware--A tangible device, equipment, or physical component of ICT, such as telephones, computers, multifunction copy machines, and keyboards.
(16) Major information resource project (MIRP)--Any information resources technology project that meets the criteria defined in Texas Government Code § 2054.003(10).
(17) 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.
(18) Product--Electronic and information resources.
(19) Section 508 Standards--The technical standards established by Section 508 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. § 794d, 36 C.F.R. § 1194.1, established by the federal Architectural and Transportation Barriers Compliance Board (the "Access Board") that apply to EIR 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. § 794d, which requires access for both members of the public and federal employees to such technologies when developed, procured, maintained, or used by federal agencies.
(20) 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.
(21) 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.
(22) Telecommunications--As defined by Texas Government Code § 2054.003(14).
(23) Training/Technical Assistance--Training and technical assistance to comply with the accessibility standards.
(24) Voluntary Product Accessibility Template (VPAT)--A vendor-supplied industry template form used to document EIR compliance with technical accessibility standards and success criteria. A link to the standardized VPAT form is available at the department's website.
(25) World Wide Web Content Accessibility Guidelines--Internationally recognized set of technical standards designed to make web content and digital media accessible to people with disabilities.
(26) The terms referenced by Section 508 Appendices A and C and the DOJ Title II Rule shall have the meaning stated therein.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 27, 2026.
TRD-202602217
Virginia Hoelscher
General Counsel
Department of Information Resources
Effective date: June 16, 2026
Proposal publication date: March 13, 2026
For further information, please call: (512) 475-4531
SUBCHAPTER
B.
The amendments are adopted pursuant to Texas Government Code § 2054.052(a), which authorizes the department to adopt rules as necessary to implement its responsibilities under Texas Government Code Chapter 2054, and Texas Government Code § 2054.453, which requires the department to establish rules to implement electronic and information resources accessibility, including rules regarding the development, procurement, maintenance, and use of electronic and information resources by state agencies to provide access to individuals with disabilities and a procurement accessibility policy.
No other code, article, or statute is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 27, 2026.
TRD-202602219
Virginia Hoelscher
General Counsel
Department of Information Resources
Effective date: June 16, 2026
Proposal publication date: March 13, 2026
For further information, please call: (512) 475-4531
1 TAC §213.22
The repeal is adopted pursuant to Texas Government Code § 2054.052(a), which authorizes the department to adopt rules as necessary to implement its responsibilities under Texas Government Code Chapter 2054, and Texas Government Code § 2054.453, which requires the department to establish rules to implement electronic and information resources accessibility, including rules regarding the development, procurement, maintenance, and use of electronic and information resources by state agencies to provide access to individuals with disabilities and a procurement accessibility policy.
No other code, article, or statute is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 27, 2026.
TRD-202602220
Virginia Hoelscher
General Counsel
Department of Information Resources
Effective date: June 16, 2026
Proposal publication date: March 13, 2026
For further information, please call: (512) 475-4531
SUBCHAPTER
C.
The new rule and amendments are adopted pursuant to Texas Government Code § 2054.052(a), which authorizes the department to adopt rules as necessary to implement its responsibilities under Texas Government Code Chapter 2054, and Texas Government Code § 2054.453, which requires the department to establish rules to implement electronic and information resources accessibility, including rules regarding the development, procurement, maintenance, and use of electronic and information resources by state agencies to provide access to individuals with disabilities and a procurement accessibility policy.
No other code, article, or statute is affected by this adoption.
§213.38.
(a) For the procurement of EIR made directly by an institution of higher education or through the department's information technology commodity procurement contracts entered pursuant to Texas Government Code § 2157.068, the institution shall require a vendor to provide accessibility information for the purchased products or services, where applicable, through one of the following methods:
(1) inclusion of URLs to manufacturer's VPATS or ACRs for applicable Commercial Off the Shelf products or services;
(2) other documents / forms requested by the institution that provide 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; or
(3) If credible accessibility documentation cannot be provided, then the EIR shall be considered noncompliant.
(b) An institution of higher education shall implement a procurement accessibility policy, and supporting business processes and contract terms for making procurement decisions. The institution of higher education shall monitor the procurement processes and contracts for accessibility compliance.
(c) This subchapter applies to EIR developed, procured, or materially changed by an institution of higher education, or developed, procured, or materially changed by a contractor under a contract with an institution of higher education, which requires the use of such product to a significant extent in the performance of a service or the furnishing of a product.
(d) Unless an exception is approved by the president or chancellor of an institution of higher education pursuant to Texas Government Code § 2054.460 and §213.37 of this subchapter or unless an exemption is approved by the department pursuant to Texas Government Code § 2054.460 and §213.37 of this subchapter, 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.
(e) An institution of higher education must include accessibility testing, planning, and execution criteria for EIR development and implementation projects.
(f) Accessibility testing:
(1) requires one year or longer to reach operations status;
(2) involves more than one institution of higher education or state agency; or
(3) substantially alters work methods of institution of higher education or agency personnel or the delivery of services to clients.
(g) 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 27, 2026.
TRD-202602221
Virginia Hoelscher
General Counsel
Department of Information Resources
Effective date: June 16, 2026
Proposal publication date: March 13, 2026
For further information, please call: (512) 475-4531
1 TAC §213.42
The repeal is adopted pursuant to Texas Government Code § 2054.052(a), which authorizes the department to adopt rules as necessary to implement its responsibilities under Texas Government Code Chapter 2054, and Texas Government Code § 2054.453, which requires the department to establish rules to implement electronic and information resources accessibility, including rules regarding the development, procurement, maintenance, and use of electronic and information resources by state agencies to provide access to individuals with disabilities and a procurement accessibility policy.
No other code, article, or statute is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 27, 2026.
TRD-202602222
Virginia Hoelscher
General Counsel
Department of Information Resources
Effective date: June 16, 2026
Proposal publication date: March 13, 2026
For further information, please call: (512) 475-4531