TITLE 1. ADMINISTRATION

PART 10. DEPARTMENT OF INFORMATION RESOURCES

CHAPTER 213. ELECTRONIC AND INFORMATION RESOURCES

The Texas Department of Information Resources (department) proposes amendments to 1 Texas Administrative Code Chapter 213, §§213.1, 213.10 - 213.13, 213.15 - 213.21, 213.30 - 213.33, and 213.35 - 213.41, concerning Electronic and Information Resources. The proposed changes include but are not limited to the addition of new definitions and modifications to existing definitions in §213.1; amendments throughout Subchapters B and C to clarify the federal standards to which state agencies, including institutions of higher education, are held; and transitioning the role of the Electronic and Information Resources Accessibility Coordinator (EIRAC) to that of Digital Accessibility Officer in §§213.20 and 213.40. In addition, the department proposes a new rule, §213.4, which consolidates departmental responsibilities previously replicated in both Subchapters B and C. The department also proposes the repeal of §§213.22 and 213.42 as outdated holdover provisions and replaces them with an applicable standards provision.

The proposed amendments are the result of the department's statutory quadrennial rule review of 1 Texas Administrative Code Chapter 213 in addition to the passage of new federal accessibility rules applying to state agencies. The notice of rule review was published in the November 17, 2023, issue of the Texas Register (48 TexReg 6751).

Throughout 1 Texas Administrative Code Chapter 213, the department proposes amendments to existing language for readability and clarification of the rules' intent and entity responsibility in addition to the correction of legal citation formatting.

In §213.1, the department proposes adding the following definitions because of new or revised content in Chapter 213: "Digital Accessibility" and "DOJ Title II Rule."

The department proposes amending the definitions of "Completed Accessibility Conformance Report (ACR)," "Accessible," "Alternate Methods," "Electronic and Information Resources (EIR)," "Product," "Telecommunications," "Voluntary Product Accessibility Template (VPAT)," and "Worldwide Web Consortium Web Content Accessibility Guidelines 2.0" found in § 213.1 to reflect current definitions by either incorporating by reference existing statutory language or to align with currently widely accepted industry definitions.

The department proposes the creation of §213.4 to consolidate department responsibilities currently duplicated across both Subchapter B, for state agencies, and Subchapter C, for institutions of higher education to increase regulatory efficiency by removing language regarding department-only activities with no requirements for state agencies or institutions of higher education.

In §213.10, for state agencies, and §213.30, for institutions of higher education, the department proposes amending the section title to remove duplicative language. The department also proposes removing federal rule section titles and the required effective date as it is no longer necessary, incorporating federal rule requirements to which Texas state agencies are already subject by reference.

In §213.11, for state agencies, and §213.31, for institutions of higher education, the department proposes removing the required effective date as it is no longer necessary and incorporating by reference additional federal rules to which Texas state agencies are already subject.

In §213.12, for state agencies, §213.32, for institutions of higher education, the department proposes removing the required effective date as it is no longer necessary, amending the appropriate standards for video and multimedia EIR, and requiring state agencies and institutions of higher education to provide closed captioning and alternative forms of accommodation upon request as mandated by federal law.

In §213.13, for state agencies, and §213.33, for institutions of higher education, the department proposes removing the required effective date as it is no longer necessary and removing rule section titles.

In §213.15, for state agencies, and §213.35, for institutions of higher education, the department proposes removing the required effective date as it is no longer necessary, incorporating by reference additional federal rules to which Texas state agencies are already subject, and removing federal section rule titles.

In §213.16, for state agencies, and §213.36, for institutions of higher education, the department proposes removing the required effective date as it is no longer necessary, incorporating by reference additional federal rules to which Texas state agencies are already subject, and removing federal section rule titles.

In §213.17, for state agencies, and §213.37, for institutions of higher education, the department proposes removing the required effective dates as they are no longer necessary. The department also proposes incorporating by reference the DOJ Title II Rule excluding web-based products and amending existing language from "significant difficulty" to "significant barrier." The department further proposes incorporating a requirement for approved accessibility exceptions to also include a list of compliance issues posing a risk to the agency with anticipated impact of each issue. In addition, the department proposes transferring existing language regarding department-only responsibilities that do not impose any requirement upon state agencies or institutions of higher education to the newly created §213.4.

In §213.18, for state agencies, and §213.38, for institutions of higher education, the department proposes transferring existing language found at subsection (a) regarding department-only responsibilities that do not impose any requirement upon state agencies or institutions of higher education to the newly created §213.4. The department further proposes incorporating statutory references to clarify that existing language regarding commodity procurements only relate to procurement through the department's information technology commodity program. In addition, the department proposes amending the information a vendor is permitted to provide as evidence of accessibility.

In §213.19, for state agencies, and §213.39, for institutions of higher education, the department proposes updating the section title to reflect additions to this section. The department further proposes transferring existing language found at subsection (a) regarding department-only responsibilities that do not impose any requirement upon state agencies or institutions of higher education to the newly created §213.4. In addition, the department proposes clarifying existing language regarding training on accessibility-related rules to specify that training must cover how to comply with 1 Texas Administrative Code Chapters 206 and 213 in addition to requiring state agencies and institutions of higher education to establish goals for making EIR accessible.

In §213.20, for state agencies, and §213.40, for institutions of higher education, the department proposes transferring existing language found at subsection (a) regarding department-only responsibilities that do not impose any requirement upon state agencies or institutions of higher education to the newly created §213.4 and incorporating a reference to Texas Government Code §2054.464 and the newly-created §213.4(d) to clarify the survey that the rule is referencing.

In §213.21, for state agencies, and §213.41, for institutions of higher education, the department proposes updating the section title to reflect amendments to this section. The department proposes consolidating the accessibility policy minimum requirements into a single subsection rather than broken into two distinct subsections. In addition, the department proposes renaming the EIR Accessibility Coordinator role to that of Digital Accessibility Officer, streamlining the responsibilities to require compliance with 1 Texas Administrative Code Chapters 206 and 213 and to oversee agency-wide progress in digital accessibility best practices, and clarifying that a state agency or institution of higher education may either hire a person for this person or assign the responsibilities to an existing employee. Finally, the department proposes amending these sections to make explicit the requirement that state agencies and institutions of higher education report their designated person sitting in this role to the department.

The department proposes repealing §213.22, for state agencies, and §213.42, for institutions of higher education, as the holdover is no longer necessary. The department proposes replacing these sections with an Applicable Standards provision that directs state agencies and institutions of higher education to adhere to the higher standard if there is a discrepancy between federal standards.

There is no economic impact on rural communities, small businesses, or micro-businesses as a result of enforcing or administering the amended rule as proposed.

The changes to the chapter apply to state agencies and institutions of higher education.

The assessment of the impact of the proposed changes on institutions of higher education was prepared in consultation with the Information Technology Council for Higher Education (ITCHE) in compliance with Texas Government Code §2054.121(c). DIR submitted the proposed amendments to the Information Technology Council of Higher Education for their review and to assist in DIR's preparation of the statutory impact statement. While ITCHE did identify impacts resulting from the federal DOJ Title II rules, they did not relay any information indicating there was a direct impact upon institutions of higher education as a result of the proposed amendments to 1 TAC Chapter 213. After consulting with ITCHE, DIR has determined there is no impact to institutions of higher education as a result of the proposed rule.

Endi Silva, Chief Experience Officer, has determined that there will be no fiscal impact upon state agencies, institutions of higher education, and local government during the first five-year period following the adoption of the proposed amendments. The department is required by Texas Government Code §2054.453 to adopt accessibility rules, 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, and to consider the provisions of 36 C.F.R. Part 1194, which includes Section 508, already imposed under this chapter. In addition to the Section 508 requirements imposed under the rule as currently written, Texas state agencies and institutions of higher education are already subject to the requirements of the DOJ Title II Rule as proposed due to their status as public entities, defined by federal rule as any state government, including any department, agency, or other instrumentality of the state. Furthermore, the proposed amendments simply amend existing language to ensure clarity and readability, rebrand the Electronic and Information Accessibility Coordinator (EIRAC) to the Digital Accessibility Officer without a substantive alteration to the responsibilities of this individual, reduce unnecessary and duplicated rules by consolidating department-only responsibilities into a singular section, and provide direction regarding the appropriate standard to apply if there is a discrepancy between federal standards. As such, there is no fiscal impact as a result of the administrative rule.

For each year of the first five years following the adoption of the amended 1 Texas Administrative Code Chapter 213, Ms. Silva has determined that there are no anticipated additional economic costs to persons or small businesses required to comply with the amendments and proposed new rules.

Pursuant to Government Code §2001.0221, the agency provides the following Governmental Growth Impact Statement for the proposed amendment. The agency has determined the following:

1. The proposed rules neither creates nor eliminates a government program.

2. Implementation of the proposed rules does not require the creation or elimination of employee positions. There are no additional employees required nor employees eliminated to implement the rule as amended.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency. There is no fiscal impact as the administrative rule proposed by the department does not require an increase or decrease in future legislative appropriations. The DOJ Title II Rules passed by the federal government and applicable to Texas state agencies, including institutions of higher education, regardless of the adoption of 1 Texas Administrative Code Chapter 213, may result in a fiscal impact to the state.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules create a new section that consolidates department responsibilities into a singular section. These responsibilities were previously replicated in both Subchapters B and C.

6. The proposed rules repeal the existing §§213.22 and 213.42 and replace these with identically numbered sections.

7. The proposed rules do not increase or decrease the number of individuals subject to the rule's applicability. Texas Government Code Chapter 2054, Subchapter M, requires state agencies to comply with accessibility rules established by the department. Texas Government Code §2054.451(2) establishes the parameters of the term "state agency," which identifies the entities that are subject to the amended rule sections' requirements.

8. The proposed rules do not positively or adversely affect the state's economy. The creation of rules establishing electronic and information accessibility requirements for the state ensures that state agencies and institutions of higher education are aligning their accessibility practices with federal requirements.

Written comments on the proposed rules may be submitted to Christi Koenig Brisky, Assistant General Counsel, 300 West 15th Street, Suite 1300, Austin, Texas 78701, or to rules.review@dir.texas.gov. Comments will be accepted for 30 days after publication in the Texas Register.

SUBCHAPTER A. DEFINITIONS AND DEPARTMENT RESPONSIBILITIES

The amendments are proposed 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 proposal.

§213.1. Applicable Terms and Technologies for Electronic and Information Resources.

The following words and terms, when used with this chapter, shall have the following meanings unless the context clearly indicates otherwise.

(1) [Completed] Accessibility Conformance Report (ACR)--A report based on a completed VPAT demonstrating how a product or service conforms to WCAG standards and success criteria [an accessibility report of an EIR item's compliance with Section 508 that is created using a VPAT template].

(2) Accessible--Describes an EIR that does not depend on a single sense or ability and does not limit use by people with disabilities. [Describes an electronic and information resource that can be used in a variety of ways and (the use of which) does not depend on a single sense or ability.]

(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 [a] software product that is available in the commercial marketplace prior to customization.

(8) Department--The Department of Information Resources.

(11) [(9)] Electronic and information resources (EIR)--As defined by Texas Government Code §2054.451. [Includes information technology and any equipment or interconnected system or subsystem of equipment used to create, convert, duplicate, store, or deliver data or information. EIR includes telecommunications products (such as telephones), information kiosks and transaction machines, web sites, multimedia, and office equipment such as copiers and fax machines.] The term does not include [any] equipment that contains embedded information technology where the principal function is not processing or managing information [that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, thermostats or temperature control devices, and medical equipment that contain information technology that is integral to its operation, are not information technology]. If the embedded information technology processes or manages information through [has] an external [externally available] 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) [(10)] 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 [to enterprises and software publishers].

(13) [(11)] 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) [(12)] 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) [(13)] Hardware -- [.]A tangible device, equipment, or physical component of ICT, such as telephones, computers, multifunction copy machines, and keyboards.

(16) [(14)] Major information resource project (MIRP)--Any information resources technology project that meets the criteria defined in Texas Government Code §2054.003(10).

(17) [(15)] 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) [(16)] Product--Electronic and information resources [technology].

(19) [(17)] Section 508 Standards--The technical standards established by Section 508 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. § 794d [§794(d)], 36 C.F.R. § 1194.1 [§1194.1], established by the federal Architectural and Transportation Barriers Compliance Board (the "Access Board") that apply to EIR [electronic and information technology] 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. §794(d) [794(d))], 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) [(18)] 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) [(19)] 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) [(20)] Telecommunications--As defined by Texas Government Code §2054.003(14). [The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.]

(23) [(21)] Training/Technical Assistance--Training and technical assistance to comply with the accessibility standards.

(24) [(22)] Voluntary Product Accessibility Template (VPAT)--A vendor-supplied industry template form [for a commercial off-the-shelf Electronic and Information Resource] used to document EIR [its] compliance with technical accessibility standards and success criteria [specifications]. A link to the standardized VPAT form is available at the department's website.

(25) [(23)] Worldwide Web Consortium Web Content Accessibility Guidelines [2.0]--Internationally recognized set of technical standards designed to make web content and digital media accessible to people with disabilities. [a referenceable, international technical standard containing 12 guidelines that are organized under 4 principles: perceivable, operable, understandable, and robust. For each guideline, there are testable success criteria, which are at three levels: A, AA, and AAA. Also known as ISO/IEC International Standard ISO/IEC 40500:2012.]

(26) [(24)] 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 proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 26, 2026.

TRD-202600999

Joshua Godbey

General Counsel

Department of Information Resources

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 475-4531

The new rule is proposed 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 proposal.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 26, 2026.

TRD-202601000

Joshua Godbey

General Counsel

Department of Information Resources

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 475-4531

SUBCHAPTER B. ACCESSIBILITY STANDARDS FOR STATE AGENCIES

The amendments and new rule are proposed 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 proposal.

§ 213.10. [Software] Applications and Operating Systems.

(a) Unless [Effective April 18, 2020, unless] an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to § 213.17 of this chapter, all [software] applications and operating systems EIR developed, procured, or changed by a state agency shall comply with the standards described in this subchapter.

(b) Each state agency shall comply with:

(2) the following standards referenced in Section 508 Appendix C for all other applications and operating systems:

(A) [(1)] Chapter 7, §702.10 [(]WCAG 2.0 Level AA excluding Guideline 1.2 Time Based Media[)];

(B) [(2)] Chapter 5, §502 Interoperability with Assistive Technology;

(C) [(3)] Chapter 5, §503 Applications; and

(D) [(4)] Chapter 5, §504 Authoring Tools.

§ 213.11. Telecommunications Products.

Unless [Effective April 18, 2020, unless] an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to § 213.17 of this chapter, when purchasing telecommunication equipment or services, a state agency shall contractually require the manufacturer of telecommunication equipment or provider of telecommunication services to ensure that the equipment or services are in compliance with 47 U.S.C. § 255 [§255] and 36 C.F.R. § 1194.2 [§1194.2], Appendix B[.], when such products are readily available or compliance is achievable.

§ 213.12. Video and Multimedia.

(a) Unless [Effective April 18, 2020, unless] an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to 1 Texas Administrative Code § 213.17, all video and multimedia EIR developed, procured, or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall comply with the applicable standards referenced in the DOJ Title II Rule [Section 508 Appendix C].

(b) Based on a request for accommodation of a webcast of a live/real time open meeting (Open Meetings Act, Texas Government Code, Chapter 551) or training and informational video productions that [which] support the agency's mission, each state agency that receives such request shall provide [consider] captioning and alternative forms of accommodation for videos posted on state websites.

§ 213.13. Hardware.

(a) Unless [Effective April 18, 2020, unless] an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to § 213.17 of this chapter, all EIR hardware [EIR] developed, procured, or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall comply with the following standards/specifications referenced in Section 508 Appendix C:

(1) Chapter 4, § 401 General;

(2) Chapter 4, § 402 Closed Functionality;

(3) Chapter 4, § 403 Biometrics;

(4) Chapter 4, § 404 Preservation of Information Provided for Accessibility;

(5) Chapter 4, § 405 Privacy;

(6) Chapter 4, § 406 Standard Connections;

(7) Chapter 4, § 407 Operable Parts;

(8) Chapter 4, § 408 Display Screens;

(9) Chapter 4, § 409 Status Indicators;

(10) Chapter 4, § 410 Color Coding;

(11) Chapter 4, § 411 Audible Signals;

(12) Chapter 4, § 412 ICT with Two-Way Communication;

(13) Chapter 4, § 413 Closed Caption Processing Technologies;

(14) Chapter 4, § 414 Audio Description Processing Technologies; and

(15) Chapter 4, § 415 User Controls for Captions and Audio Descriptions.

(b) When EIR hardware is located in maintenance or monitoring spaces[,] and where status indicators and operable parts are located in spaces that are frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment, such status indicators and operable parts shall not be required to conform to § 213.13 of this chapter.

§ 213.15. Functional Performance Criteria.

Unless [Effective April 18, 2020, unless] an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to § 213.17 of this chapter, all EIR developed, procured, or changed by a state agency shall comply with the standards described in this subchapter. To the extent that an EIR does not comply with the requirements of 1 Texas Administrative Code §§ 213.10 - 213.13 that are applicable to that EIR, the noncompliant features of that EIR shall conform to the standards referenced in the DOJ Title II Rule or Section 508 Appendix C, Chapter 3, § 302 Functional Performance Criteria, as applicable.

§ 213.16. Support Documentation and Services.

Unless [Effective April 18, 2020, unless] an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to § 213.17 of this chapter, all documentation and services that support the use of EIR developed, procured, or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall comply with the DOJ Title II Rule and the following standards referenced in Section 508 Appendix C, Chapter 6:

(1) Chapter 6, § 602 Support Documentation; and

(2) Chapter 6, § 603 Support.

§ 213.17. Compliance Exceptions and Exemptions.

All [Effective April 18, 2020, all] EIR developed, procured, or changed by a state agency shall comply with the standards and specifications of Chapter 206 and/or Chapter 213 of this title, unless the agency head approves an exception subject to this chapter or, as applicable, the DOJ Title II Rule [is approved by the agency head] or the department grants an exemption [is granted by the department].

(1) Legacy EIR. Any component or portion of existing EIR that complies with an earlier standard issued pursuant to Chapter 206 or Chapter 213 of this title[,] and the user interface has not been altered [on or after April 18, 2020,] shall not be required to be modified to conform to this revised rule unless the EIR is required to comply with the DOJ Title II Rule.

(2) In its accessibility policy, an agency shall include standards and processes for handling exception requests for all EIR, including those subject to exceptions for a significant barrier [difficulty] or expense contained in Texas Government Code § 2054.460.

(3) The agency head must approve in writing exceptions [Exceptions] for a material difficulty or expense pertaining to significant barriers to users under Texas Government Code § 2054.460 [must be approved in writing by the agency head] for EIR that does not comply with the standards and specifications described in Chapter 206 and/or Chapter 213 of this title, pursuant to Texas Government Code § 2054.460:

(A) prior to the procurement, completion, use, or deployment; or

(B) [or] at the point the barrier is identified if the vendor is unable to immediately remedy the failure to comply with Chapter 206 and/or Chapter 213 of this title.

(4) An approved exception for a significant barrier [difficulty] or expense under Texas Government Code § 2054.460 shall include the following:

(B) [(A)] a date of expiration or duration of the exception;

(C) [(B)] a plan for alternate means of access for persons with disabilities;

(D) [(C)] justification for the exception including technical barriers, cost of remediation, fiscal impact for bringing the EIR into compliance, and other identified risks; and

(E) [(D)] documentation of how the agency considered alternative solutions and all agency resources available to the program or program component for which the product is being developed, procured, maintained, or used. Examples may include, but are not limited to, agency budget, grants, and alternative vendor or product selections.

(5) Agencies shall maintain records of approved exceptions in accordance with the agency's records retention schedule.

§ 213.18. Procurements.

(a) [(b)] For the procurement of EIR made directly by an agency or through the department's information technology commodity procurement contracts entered pursuant to Texas Government Code § 2157.068, [for which the solicitation is issued on or after April 18, 2020], the agency 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 [manufacturer pages of completed] VPATS or ACRs [accessibility conformance reports] for applicable Commercial Off the Shelf products or services;

(2) other documents/forms requested by the agency 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) [(4)] If credible accessibility documentation cannot be provided, then the EIR shall be considered noncompliant.

(b) [(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.

(c) [(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 to a significant extent [,or requires the use, to a significant extent, of such product] in the performance of a service or the furnishing of a product.

(d) [(e)] Unless an exception is approved by the agency head pursuant to Texas Government Code § 2054.460 and [1 Texas Administrative Code] § 213.17 of this subchapter or unless an exemption is approved by the department[,] pursuant to Texas Government Code § 2054.460[,] and 1 Texas Administrative Code § 213.17, 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) [(g)] A state agency must include accessibility [Accessibility] testing, planning, and execution criteria [shall be documented] for EIR development and implementation projects. [the project and accessibility testing shall be performed by a third-party testing resource or knowledgeable state agency staff member to validate compliance with 1 Texas Administrative Code §206.50 and this chapter for any EIR project whose developments costs exceed $500,000 and that:]

(f) Accessibility testing must be performed by a third-party testing resource or knowledgeable state agency staff member to validate compliance with 1 Texas Administrative Code § 206.50 and this chapter for any EIR development project whose costs exceed $500,000 and that:

(1) requires one year or longer to reach operations status;

(2) involves more than one state agency or institution of higher education; or

(3) substantially alters work methods of agency personnel or the delivery of services to clients.

§ 213.19. State Agency Accessibility Administration, Training, Technical Assistance, and Job Descriptions.

(a) [(b)] The executive director of each agency shall ensure appropriate staff receive [receives] training necessary to comply with Chapters 206 and 213 of this title [meet accessibility-related rules].

(b) [(c)] Each state agency shall consider including accessibility criteria, such as compliance with Chapters 206 and 213 of this title and other regulatory requirements,in job descriptions where the position is responsible for EIR subject to this chapter [accessibility matters].

§ 213.20. Accessibility Survey and Reporting Requirements.

(a) [(b)] Each state agency shall [be required to] complete the accessibility survey the department distributes pursuant to Texas Government Code § 2054.464 and § 213.4(d) of this chapter within the prescribed deadlines [deadline] established by the department.

(b) A state agency shall support its survey [Survey] responses with [shall be supported by] agency documentation.

§ 213.21. Digital Accessibility Officer [EIR Accessibility Policy and Coordinator].

(a) [(b)] Pursuant to 1 Texas Administrative Code § 206.54, each state agency shall publish to its website a current accessibility policy, whichmust reflect at a minimum: [includes the standards and specifications of this chapter.]

(b) [(d)] The agency head or information resources manager shall designate a Digital Accessibility Officer, [an EIR Accessibility Coordinator] who must [shall] be organizationally placed to oversee [facilitate] agency-wide progress in EIR Accessibility compliance with Chapters 206 and 213 of this title and digital accessibility best practices in support of their internal accessibility policies and initiatives. [policy. The state agency's designation must contain the individual's name and other information in the format prescribed by the department.]

(3) [(e)] A state agency shall inform the department within 30 days whenever the agency Digital Accessibility Officer [EIR Accessibility Coordinator] position is vacant[,] or when the agency has designated a new Digital Accessibility Officer [new/replacement EIR Accessibility Coordinator is designated].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 26, 2026.

TRD-202601001

Joshua Godbey

General Counsel

Department of Information Resources

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 475-4531

The repeal is proposed 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 proposal.

§213.22. Holdover.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 26, 2026.

TRD-202601002

Joshua Godbey

General Counsel

Department of Information Resources

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 475-4531

SUBCHAPTER C.ACCESSIBILITY STANDARDS FOR INSTITUTIONS OF HIGHER EDUCATION

The amendments and new rule are proposed 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 proposal.

§213.30. [Software] Applications and Operating Systems.

(a) Unless [Effective April 18, 2020, unless] an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to [1 Texas Administrative Code] §213.17 of this chapter, all [software] applications and operating systems EIR developed, procured, or changed by an institution of higher education shall comply with the standards described in this subchapter.

(b) Each state agency shall comply with:

(2) the following standards referenced in Section 508 Appendix C for all other applications and operating systems:

(A) [(1)] Chapter 7, § 702.10 [(]WCAG 2.0 Level AA excluding Guideline 1.2 Time Based Media[)];

(B) [(2)] Chapter 5, § 502 Interoperability with Assistive Technology;

(C) [(3)] Chapter 5, § 503 Applications; and

(D) [(4)] Chapter 5, § 504 Authoring Tools.

§213.31. Telecommunications Products.

Unless [Effective April 18, 2020, unless] an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to [1 Texas Administrative Code] §213.37 of this chapter, when purchasing telecommunication equipment or services, an institution of higher education shall contractually require the manufacturer of telecommunication equipment or provider of telecommunication services to ensure that the equipment or services are in compliance with 47 U.S.C. § 255 [§255] and 36 C.F.R. § 1194.2 [§1194.2], Appendix B[.], when such products are readily available or compliance is achievable.

§213.32. Video and Multimedia.

(a) Unless [Effective April 18, 2020, unless] an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to [1 Texas Administrative Code] §213.17, of this chapter all video and multimedia EIR developed, procured, or changed by a state agency shall comply with the standards described in this subchapter. Each state agency shall comply with the applicable standards referenced in the DOJ Title II Rule [Section 508 Appendix C].

(b) Based on a request for accommodation of a webcast of a live/real time open meeting (Open Meetings Act, Texas Government Code, Chapter 551) or training and informational video productions that [which] support the agency's mission, each institution of higher education that receives such request shall provide [consider] captioning and alternative forms of accommodation for videos posted on state websites.

§213.33. Hardware.

(a) Unless [Effective April 18, 2020, unless] an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to § 213.17 of this chapter, all EIR hardware [EIR] developed, procured, or changed by an institution of higher education shall comply with the following standards referenced in US Section 508 Appendix C Chapter 4:

(1) Chapter 4, § 401 General;

(2) Chapter 4, § 402 Closed Functionality;

(3) Chapter 4, § 403 Biometrics;

(4) Chapter 4, § 404 Preservation of Information Provided for Accessibility;

(5) Chapter 4, § 405 Privacy;

(6) Chapter 4, § 406 Standard Connections;

(7) Chapter 4, § 407 Operable Parts;

(8) Chapter 4, § 408 Display Screens;

(9) Chapter 4, § 409 Status Indicators;

(10) Chapter 4, § 410 Color Coding;

(11) Chapter 4, § 411 Audible Signals;

(12) Chapter 4, § 412 ICT with Two-Way Communication;

(13) Chapter 4, § 413 Closed Caption Processing Technologies;

(14) Chapter 4, § 414 Audio Description Processing Technologies; and

(15) Chapter 4, § 415 User Controls for Captions and Audio Descriptions.

(b) When EIR hardware is located in maintenance or monitoring spaces[,] and where status indicators and operable parts are located in spaces that are frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment, such status indicators and operable parts shall not be required to conform to §213.13 of this chapter.

§213.35. Functional Performance Criteria.

Unless [Effective April 18, 2020, unless] an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to [1 Texas Administrative Code] §213.17 of this chapter, all EIR developed, procured, or changed by an institution of higher education shall comply with the standards described in this subchapter. To the extent that an EIR does not comply with the requirements of 1 Texas Administrative Code §§213.10 - 213.13 that are applicable to that EIR, the noncompliant features of that EIR shall conform to the standards referenced in the DOJ Title II Rule or Section 508 Appendix C, Chapter 3, § 302 [§302] as applicable [Functional Performance Criteria].

§233.36. Support Documentation and Services.

Unless [Effective April 18, 2020, unless] an exception is approved by the president or chancellor of an institution of higher education or an exemption has been made for specific technologies pursuant to §213.17 of this chapter, all documentation and services that support the use of EIR developed, procured, or changed by an institution of higher education shall comply with the standards described in this subchapter. Each institution of higher education shall comply with the DOJ Title II Rule and the following standards referenced in Section 508 Appendix C, Chapter 6:

(1) Chapter 6, § 602 Support Documentation; and

(2) Chapter 6, § 603 Support.

§213.37. Compliance Exceptions and Exemptions.

All [Effective April 18, 2020, all] EIR developed, procured, or changed by an institution of higher education shall comply with the standards and specifications of Chapter 206 and/or Chapter 213 of this title, unless the president or chancellor of an institution of higher education approves an exception subject to this chapter or, as applicable, the DOJ Title II Rule [is approved by the president or chancellor of an institution of higher education] or the department grants an exemption [is granted by the department].

(1) Legacy EIR. Any component or portion of existing EIR that complies with an earlier standard issued pursuant to Chapter 206 or Chapter 213 of this title[,] and the user interface has not been altered [on or after April 18, 2020,] shall not be required to be modified to conform to this revised rule unless the EIR is required to comply with the DOJ Title II Rule.

(2) In its accessibility policy, an institution of higher education shall include standards and processes for handling exception requests for all EIR, including those subject to exceptions for a significant barrier [difficulty] or expense contained in Texas Government Code § 2054.460 [§2054.460].

(3) The president or chancellor of an institution of higher education must approve in writing exceptions [Exceptions] for a material difficulty or expense pertaining to significant barriers to users under Texas Government Code § 2054.460 [§2054.460 must be approved in writing by the president or chancellor of an institution of higher education] for EIR that does not comply with the standards and specifications described in Chapter 206 and/or Chapter 213 of this title, pursuant to Texas Government Code § 2054.460 [§2054.460]:

(A) prior to the procurement, completion, use, or deployment; or

(B) at the point the barrier is identified if the vendor is unable to immediately remedy the failure to comply with Chapter 206 and/or Chapter 213 of this title.

(4) An approved exception for a significant barrier [difficulty] or expense under Texas Government Code § 2054.460 [§2054.460 shall include the following:

(B) [(A)] a date of expiration or duration of the exception;

(C) [(B)] a plan for alternate means of access for persons with disabilities;

(D) [(C)] justification for the exception including technical barriers, cost of remediation, fiscal impact for bringing the EIR into compliance, and other identified risks; and

(E) [(D)] documentation of how the institution of higher education considered alternative solutions and all institution resources available to the program or program component for which the product is being developed, procured, maintained, or used. Examples may include, but are not limited to, institution budget, grants, and alternative vendor or product selections.

(5) Institutions of higher education shall maintain records of approved exceptions in accordance with that institution of higher education's records retention schedule.

§213.38. Procurements.

(a) [(b)] 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, [for which the solicitation is issued on or after April 18, 2020], 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 [manufacturer pages of completed] VPATS or ACRs [accessibility conformance reports] 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) [(4)] If credible accessibility documentation cannot be provided, then the EIR shall be considered noncompliant.

(b) [(c)] 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) [(d)] 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[, or requires the use, to a significant extent, of such product] to a significant extent in the performance of a service or the furnishing of a product.

(d) [(e)] Unless an exception is approved by the president or chancellor of an institution of higher education pursuant to Texas Government Code § 2054.460 [§2054.460] and [1 Texas Administrative Code] §213.17 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.

(f) [(g)] Accessibility testing, planning, and execution criteria must [shall be documented for the project and accessibility testing shall] be performed by a third-party testing resource or knowledgeable institution of higher education staff member to validate compliance with 1 Texas Administrative Code §206.70 and this chapter for any EIR project whose [developments] costs exceed $500,000 and that

(1) requires one year or longer to reach operations status;

(2) involves more than one state agency or institution of higher education; or

(3) substantially alters work methods of agency personnel or the delivery of services to clients.

§213.39. Institution of Higher Education Accessibility Administration, Training, Technical Assistance, and Job Descriptions.

(a) [(b)] The president or chancellor of each institution of higher education shall ensure appropriate staff receive [receives] training necessary to comply with Chapters 206 and 213 of this title [meet accessibility-related rules].

(b) [(c)] Each institution of higher education shall consider including accessibility criteria in job descriptions, such as compliance with Chapters 206 and 213 of this title and other regulatory requirements, where the position is responsible for EIR subject to this chapter [accessibility is applicable to that position].

§213.40. Accessibility Survey and Reporting Requirements.

(a) [(b)] Each institution of higher education shall be required to complete the accessibility survey the department distributes pursuant to Texas Government Code § 2054.464 and §213.4(d) of this chapter within the prescribed deadlines [deadline] established by the department.

(b) Each institution of higher education shall support their survey [Survey] responses with [shall be supported by] institutional [institution of higher education] documentation.

§213.41. Digital Accessibility Officer [EIR Accessibility Policy and Coordinator].

(a) [(b)] Pursuant to 1 Texas Administrative Code §206.74, each institution of higher education shall publish to its website a current accessibility policy, which must reflect at a minimum: [includes the standards and specifications of this chapter.]

(b) [(d)] The president or chancellor of an [head of each] institution of higher education or information resources manager shall designate a Digital Accessibility Officer [an EIR Accessibility Coordinator] who [must] be organizationally placed to oversee institution-wide EIR accessibility compliance and digital accessibility best practices in support of [in support of] their internal accessibility policies and initiatives. [policy. The institution's designation must contain the individual's name and other information in the format prescribed by the department.]

(3) [(e)] An institution of higher education shall inform the department within 30 days whenever the institution of higher education Digital Accessibility Officer [EIR Accessibility Coordinator] position is vacant[,] or when the institution of higher education has designated a new Digital Accessibility Officer [new/replacement EIR Accessibility Coordinator is designated].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 26, 2026.

TRD-202601003

Joshua Godbey

General Counsel

Department of Information Resources

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 475-4531

The repeal is proposed 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 proposal.

§213.42. Holdover.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 26, 2026.

TRD-202601004

Joshua Godbey

General Counsel

Department of Information Resources

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 475-4531