HBA-TYH S.B. 1382 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1382
By: Shapleigh
State Affairs
4/27/1999
Engrossed



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.  A new procurement clause written
into the statute could address the inconsistency between the statute and
the clause by requiring state funds to be expended only if blind or
visually-impaired state employees will have access to a full range of
assistive technology resources.  S.B. 1382 amends the technology access
clause in certain state contracts.  

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 prohibit state
funds from being expended in the purchase of an automated information
system, unless the contract contains the technology access clause.  Set
forth the required language of the access clause.   Defines "equivalent
access" in the access clause.  Makes conforming and nonsubstantive changes.

SECTION 2.  Effective date: September 1, 1999.  
  Makes application of this Act prospective.

SECTION 3.Emergency clause.