SECTION 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)--an accessibility report of an EIR item's compliance with Section 508 that is created using a VPAT template.

(2) Accessible--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, 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) Electronic and information resources (EIR)--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 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 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), Information Technology (IT), Electronic Information Technology (EIT), etc. can be considered interchangeable terms with EIR for purposes of applicability or compliance with this chapter.

(10) Electronic and information resources (EIR) Development Services--Design, development, and / or programming services that developers provide to enterprises and software publishers.

(11) Exception--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 agency head or the President or Chancellor of an Institution of Higher Education.

(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.

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

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

(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.

(16) Product--Electronic and information technology.

(17) Section 508 Standards--The technical standards established by Section 508 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. §794(d), 36 C.F.R. §1194.1, established by the federal Architectural and Transportation Barriers Compliance Board (the "Access Board") that apply to 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)), which requires access for both members of the public and federal employees to such technologies when developed, procured, maintained, or used by federal agencies.

(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.

(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.

(20) Telecommunications--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.

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

(22) Voluntary Product Accessibility Template (VPAT)--A vendor-supplied form for a commercial off-the-shelf Electronic and Information Resource used to document its compliance with technical accessibility standards and specifications. A link to the standardized VPAT form is available at 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) The terms referenced by Section 508 Appendices A and C shall have the meaning stated therein.

Source Note: The provisions of this §213.1 adopted to be effective April 27, 2006, 31 TexReg 3379; amended to be effective September 16, 2008, 33 TexReg 7744; amended to be effective September 18, 2014, 39 TexReg 7565; amended to be effective December 12, 2019, 44 TexReg 7679