SECTION 206.1. Applicable Terms and Technologies for State Websites

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

(1) Section 508--The technical standards issued by the US Access Board implementing Section 508 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. §794(d). In particular, the standards related to web accessibility (WCAG 2.0 AA) contained in 36 CFR Part 1194.

(2) Accessible--A web page that can be used in a variety of ways and 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 §61.003, Education Code.

(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, 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 Technologies---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) Contact information--A list of key personnel, positions, or program names, with corresponding phone numbers and/or email addresses for each; and other information deemed necessary by the agency or institution of higher education for facilitating public access.

(8) Compact With Texans--Customer service standards and performance measures required of state agencies, including institutions of higher education, by §2113.006 and §2114.006, Texas Government Code.

(9) Electronic and information resources---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, 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 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, equipment such as 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 has an externally available web or computer interface, that interface is considered EIR. Other terms such as, but not limited to, Information and Communications Technology (ICT), Electronic Information Technology (EIT), etc. can be considered interchangeable terms with EIR for purposes of applicability or compliance with this chapter.

(10) Exception--A justified, documented non-conformance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title, which has been approved by the agency head.

(11) Exemption--A justified, documented non-conformance 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.

(12) High-value data set--Information that can be used to increase state agency accountability and responsiveness, improve public knowledge of the agency and its operations, further the core mission of the agency, create economic opportunity, or respond to need and demand as identified through public consultation. The term does not include information that is confidential or protected from disclosure under state or federal law.

(13) Home page--The initial page that serves as the front door or entry point to a state website.

(14) Internet--An electronic communications network that connects computer networks and computer facilities around the world.

(15) Intranet--A computer network operating like the Internet but having access restricted to a limited group of authorized users such as employees of an agency or an institution of higher education.

(16) Key public entry point--A web page on a state website that is frequently accessed directly by members of the public, which a state agency or institution of higher education has specifically designed to enable direct access to official agency or institution of higher education information.

(17) Open standard format--Stable, published formats for data that are nonproprietary, free from licensing restrictions, independent of any individual vendor, and free to use, reuse, and redistribute.

(18) Personal identifying information--Information that could serve to identify an individual as defined by §521.002, Texas Business and Commerce Code.

(19) Site policies page--A web page containing the website policies of the state agency or institution of higher education, or a link to each policy.

(20) State website--A website that is connected to the Internet and is owned, funded, or operated by or for a state agency or institution of higher education, including key public entry points.

(21) TRAIL--Texas Records and Information Locator or its successor, providing a method to do a statewide search.

(22) Transaction Risk Assessment--An evaluation of the security and privacy required for an interactive web session providing public access to government information and services. Additional information and guidelines are included in Part 2: Risks Pertaining to Electronic Transactions and Signed Records in "The Guidelines for the Management of Electronic Transactions and Signed Records" available on the Department's website.

(23) Worldwide Web Consortium Web Content Accessibility Guidelines 2.0--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.

(24) Web page--Presentation of state website content, including documents and files containing text, graphics, sounds, video, or other content, that is accessed through a web browser.

Source Note: The provisions of this §206.1 adopted to be effective March 7, 2012, 37 TexReg 1487; amended to be effective March 19, 2014, 39 TexReg 1926; amended to be effective February 15, 2018, 43 TexReg 753