Electronic Information Resources Accessibility Policy
Chapter 1: Overview
Chapter 2: Website Accessibility and Usability
Chapter 3: Functional Performance Criteria for Websites and Applications
- 3.1 Overview
- 3.2 Criteria to Assist Users with Visual Impairment
- 3.3 Criteria to Assist Users with Hearing Impairment
- 3.4 Criteria to Assist Users with Speech Impairment
- 3.5 Criteria to Assist Users with Motor Skills Impairment
Chapter 4: Electronic Forms
Chapter 5: Software Applications and Electronic Information Resources
- 5.1 Software Applications Scope
- 5.2 Overview
- 5.3 Software Applications and Operating Systems
- 5.4 Additional Considerations
Chapter 6: Testing and Validation
- 6.1 Testing and Validation Policy
- 6.2 Roles and Responsibilities
- 6.3 Minimum Testing Requirements for Agency Employees and Contractors who are Responsible for EIR
- 6.4 Automated Testing/Validation Tools
- 6.5 Manual Testing/Validation
- 6.6 Electronic Products Purchasing
- 6.7 Auditing
Chapter 7: Multimedia, Audio, and Video Files and Products
- 7.1 Captioning and Audio Description of Web Casts of Live/Real-Time Open Meetings and Other Multimedia Presentations
- 7.2 Equivalent Alternatives for Multimedia Files and Web Presentations
- 7.3 Video and Multimedia Equipment
- 7.4 Captioning Video and Multimedia Content
- 7.5 Audio Description
- 7.6 Enhanced Accessibility Requirements for Texas Facilities Commission
- 7.7 Exceptions
- 7.8 Multimedia Training
Chapter 8: Telecommunication Products and Systems
- 8.1 Overview
- 8.2 Teletypewriter (TTY)
- 8.3 Requirements for Timed Response, Caller ID and Advanced Telecommunications Features
- 8.4 Volume Control and Compatibility with Hearing Aids and Hearing Technologies
- 8.5 Access to Operable Controls and Keys
Chapter 9: Self-Contained Products and Office Equipment
- 9.1 Self-Contained Products
- 9.2 Position of Operable Controls for Fixed Freestanding Products
- 9.3 Desktop and Portable Computers
- 9.4 Access to Product Documentation and Support
Chapter 10: Procurement and Contracts for Electronic and Information Resources
- 10.1 Overview
- 10.2 Electronic and Information Resource Purchases
- 10.3 Planning and Developing the Purchase
- 10.4 Conducting the Purchase
- 10.5 Documenting the Purchase Process
- 10.6 State Contractors
- 10.7 Contract Management and Monitoring
Chapter 11: Spanish Language Translation
Chapter 12: Training
Chapter 1: Overview
It is the policy of the Texas Facilities Commission (TFC) that all agency electronic information resources and web sites shall be accessible to individuals with disabilities and with limited English proficiency (LEP).
1.1 Purpose and Scope
The purpose of this policy manual is to align the policies of Texas Facilities Commission with DIR accessibility rules in Title 1 Texas Administrative Code Chapter 206 Subchapter B and Chapter 213 Subchapter A. The rules at 1 TAC 206 Subchapter B align Texas accessibility standards for electronic information resources and state Web sites with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d) (hereafter, Section 508). Requirements in this policy manual are intended to ensure accessibility for both state employees and members of the public.
1.1.1 State Employees
In the development, procurement, maintenance, and use of electronic and information technology, 1 TAC §213.17 requires state agencies to provide employees with disabilities the same access to and use of information as employees without disabilities, unless such requirement imposes a significant difficulty or expense to the agency.
State agencies shall take reasonable steps to ensure that employees with disabilities have reasonable access to perform their job duties.
1.1.2 Members of the Public
1 TAC §213A requires state agencies to provide members of the public with disabilities seeking information with access to and use of information and data that is comparable to that provided to members of the public without disabilities, unless such requirement imposes a significant difficulty or expense.
1.1.3 Individuals with Limited English Proficiency
1 TAC §206.52(2), pursuant to §2054.116 Government Code, requires that agencies make reasonable efforts to ensure that Spanish-speaking persons of limited English proficiency can meaningfully access online state agency information.
1.1.4 Electronic and Information Resources
1 TAC §213.1(5) Electronic and information resources - Includes information technology and any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information. The term electronic and information resources includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide 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.
All electronic and information resources addressed in this policy manual must meet the Texas accessibility standards for Electronic and Information Resources, which comply with the applicable specifications for state agencies contained in 1 TAC Subchapter B, §213.10 - §213.16 . Specific requirements for telecommunications products, multimedia content, and software are addressed in other sections of this policy manual.
See Chapter 10.2.1 for Examples of EIR
1.2 Policy Application
This policy manual applies to, but is not limited to, electronic and information resources developed, procured, maintained, or used by
- Texas Facilities Commission directly, or
- TFC vendors and/or service providers whose contract terms require the use of electronic and information resources. See Chapter 10.6.1 Applying Accessibility Standards.
1.3 Compliance
TFC shall ensure that electronic and information resources comply with applicable provisions described in this policy manual, unless such requirements impose a significant difficulty or expense.
In determining whether compliance imposes a significant difficulty or expense, the agency shall consider all TFC resources available to the program or program component for which the electronic and information resources are being developed, procured, maintained, or used.
1.3.1 Exception for Significant Difficulty or Expense
If the agency determines that compliance with any provision described in this policy manual imposes a significant difficulty or expense, the agency will submit the Accessibility Exception Request Form to the commission with an explanation why, and to what extent, compliance will create a significant difficulty or expense.
The agency shall focus on circumstances in which the benefit of non-compliance is relatively minor and the cost of compliance is relatively great.
TFC staff may submit requests for an exception to one or more requirements described in this policy manual, together with appropriate documentation, to the commission. The commission has the discretion to assign a designee to evaluate requests for exceptions and make recommendations; however, pursuant to Sec. 2054.460, Government Code, the final decision by the commission is binding and may not be appealed.
1.3.2 Alternative Methods of Access
When compliance imposes a significant difficulty or expense, the agency shall provide information and data through a different means of access without delay.
Alternative methods of access include, but are not limited to,
- alternative accessible document types (e.g., PDF)
- braille,
- teletypewriter (TTY),
- captioning,
- text to speech synthesis, and
- recorded audio.
See Chapter 10.3.4 Access by Alternative Means
1.3.3 General Exceptions
The provisions of this policy manual do not require the installation of specific accessibility-related software or the attachment of an assistive technology device at a workstation of a state employee who does not have a disability.
Captioning
For information on captioning requirements, see Chapter 7: Multimedia, Audio, and Video Files.
Agency-Owned Products
When the agency provides public access to information or data through electronic and information technology, such as web sites or information kiosks, the agency is not required to
- make agency-owned products available to permit access to, and use by individuals with disabilities at a location other than where the electronic and information technology is provided to the public; or
- purchase products to permit access to, and use by individuals with disabilities at a location other than where the electronic and information technology is provided to the public.
Fundamental Alterations
The provisions of this policy manual shall not be construed to require a fundamental alteration in the nature of a product or its components.
Building Maintenance and Monitoring Equipment
Equipment located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring are exempt from the requirements described in this policy manual. Examples include environmental controls or utility metering equipment.
Note: The provisions of this policy manual do not apply to products acquired by a contractor incidental to a contract, such as the contractor's computer, telephone, fax machine, and other equipment not part of the deliverables required under the contract.
1.4 Lack of Commercial Availability
The lack of commercially available of products, including computer software, and specific technologies that would impose a significant difficulty or expense on the agency is identified under "Exceptions and Emerging Technologies" in the Accessibility Section of the State Web Site Guidelines available from DIR.
Chapter 2: Website Accessibility and Usability
Effective September 1, 2006, the Texas Facilities Commission (TFC) shall develop and publish an accessibility policy, unless granted an exception by the commission. All new and/or changed Web pages shall comply with the following Texas Web Accessibility Standards (TWAS).
2.1 Texas Web Accessibility Standards
The Texas Web accessibility standards are based on federal §508 accessibility standards. Additional criteria on accommodations for Webcasts, applets, and plug-ins have been added.
2.1.1 Text Equivalents
1 TAC §206.50(1)(A)–A text equivalent for every non-text element shall be provided (e.g., via "alt", "longdesc", or in element content).
This includes, but is not limited to,
- images,
- graphical representations of text (including symbols),
- animations (e.g., animated GIFs),
- applets and programmatic objects,
- frames,
- scripts,
- images used as list bullets,
- spacers,
- graphical buttons, and
- video.
The equivalent information must serve the same purpose as the visual or auditory content. For example, a text equivalent for an image of an upward arrow that links to a table of contents could be "Go to table of contents."
2.1.2 Webcasts
For complete information on Webcasts, see Chapter 7: Multimedia, Audio, and Video Files.
2.1.3 Color
1 TAC §206.50(1)(C)-Web pages shall be designed so that all information conveyed with color is also available without color.
If color alone is used to convey information, people who cannot differentiate between certain colors and users with devices that have non-color or non-visual displays will not receive the information. When foreground and background colors are too close to the same color, they may not provide sufficient contrast when viewed using monochrome displays or by people with different types of color deficits.
2.1.4 Style Sheets
1 TAC §206.50(1)(D)-Documents shall be organized so they are readable without requiring an associated style sheet.
Style sheets may be used for color, indentation, and other presentational effects, such as heading color, list item indentation, or navigation element placement, but the document content must follow a logical order.
2.1.5 Image Maps
1 TAC §206.50(1)(E)-Redundant text links shall be provided for each active region of a server-side image map.
1 TAC §206.54(1)(F)-Client-side image maps shall be provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape.
Provide separate text links outside of the server-side image map to allow access to the same image map content.
Provide appropriate descriptions for images and hot spots of client-side image maps.
2.1.6 Tables
1 TAC §206.50(1)(G)-Row and column headers shall be identified for data tables.
1 TAC §206.54(1)(H)-Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.
In data tables, such as financial tables, column and row headers must be appropriately identified. Tables used strictly for layout do not require column and row headers.
Associate tables cells with appropriate headers.
2.1.7 Frames
1 TAC §206.50(1)(I)-Frames shall be titled with text that facilitates frame identification and navigation.
Frame titles must describe the frame's purpose.
2.1.8 Screen Frequency
1 TAC §206.50(1)(J)-Pages shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.
To avoid the risk of optically-induced seizures, no elements on the Web page should flicker at a rate of 2 to 55 cycles per second.
2.1.9 Text-only Alternative
1 TAC §206.50(1)(K)-A text-only page, with equivalent information or functionality, shall be provided to make a Web site comply with the provisions of this section, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page changes.
Create a text-only version when
- there is no other way to make the content accessible, or
- when it offers significant advantages for persons with certain disabilities.
Text-only versions must
- be updated at the same time as the "main" version,
- provide equivalent navigation as the "main" version, and
- provide an alternative to inaccessible components (e.g., scripts, plug-ins, applets)
2.1.10 Scripting Languages
1 TAC §206.50(1)(L)-When pages utilize scripting languages to display content, or to create interface elements, the information provided by the script shall be identified with functional text that can be read by assistive technology.
Information within all scripts shall either be text-based and directly accessible to assistive technologies, or an alternative method of accessing equivalent functionality, such as a standard HTML link, shall be provided.
2.1.11 Applets, Plug-ins, Other Applications
1 TAC §206.50(1)(M)-When a Web page requires that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to a plug-in or applet that complies with 1 TAC §1194.21.
All applets, scripts, and plug-ins (including Acrobat PDF, PowerPoint, etc.) and the content within them must be accessible to assistive technologies, or an alternative means of accessing the same information must be provided.
2.1.12 Web-Based Forms
1 TAC §206.50(1)(N) — When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
For more information and guidelines, please see Chapter 4: Forms.
2.1.13 Skip Navigation
1 TAC §206.50(1)(O)-A method shall be provided that permits users to skip repetitive navigation links.
A method shall be provided to allow for skipping over lists of navigational menus or other lengthy lists of links. Acceptable methods may include a visible link or proper heading structure.
2.1.14 Timed Response
1 TAC §206.50(1)(P)-When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.
The user shall be given the ability to control the timing of content changes.
2.2 Linking and Indexing State Websites
All new or changed HTML documents on a state agency Website that meet the criteria of a "state publication," as defined by the Texas State Library and Archives Commission, shall include the meta tags required by the Texas State Library and Archives Commission (13 TAC §3.9).
The home page of a state Website shall incorporate TRAIL metadata and shall:
- provide links to the following State of Texas resources:
- Texas home page;
- Texas Homeland Security Website;
- link policy or the site policies page; and
- Statewide Search Website.
- provide individual links to the following information, or to the site policies page with links to the following:
- privacy and security policy;
- accessibility policy;
- contact information;
- description of the Open Records/Public Information Act policy and procedures of the state agency; and
- Compact with Texans.
- all key public entry points shall provide a link to the following:
- agency home page;
- individual links to the following, or link to the site policies page with links to the following:
- contact information;
- accessibility policy;
- privacy and security policy.
Chapter 3: Functional Performance Criteria for Websites and Applications
3.1 Overview
1 TAC §206.1(2) Accessible - A Web page that can be used in a variety of ways and that does not depend on a single sense or ability.
Web sites and web-oriented applications must be accessible to all users.
3.2 Criteria to Assist Users with Visual Impairment
1 TAC §213.15(a) - At least one mode of operation and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided.
The Agency must provide a method for assistive technologies (e.g., screen readers, screen magnifiers, voice recognition, etc.) to access all content and functionality within the web site or application.
Assistive technologies require specific cues for document structure and navigation, such as:
- Text descriptions for images,
- Logical heading structure,
- Identified column and/or row headers for data tables, and
- Keyboard functionality
1 TAC §213.15(b) - At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided.
HTML presentation must use a method that allows the user to adjust the font size. Such methods should allow end users to adjust font up to a 24 point size.
It is advisable to use san serif font styles (e.g. Arial).
3.3 Criteria to Assist Users with Hearing Impairment
1 TAC §213.15(c) - At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided.
The agency must provide a textual description or format of audio content.
1 TAC §213.15(d) - Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided.
Refer to Chapter 7: Multimedia, Audio, and Video Files and Products for complete information.
3.4 Criteria to Assist Users with Speech Impairment
1 TAC §213.15(e) - At least one mode of operation and information retrieval that does not require user speech shall be provided, or support for assistive technology used by people with disabilities shall be provided.
Keyboard or keypad functions must be provided for any speech based input.
3.5 Criteria to Assist Users with Motor Skills Impairment
1 TAC §213.15(f) - At least one mode of operation and information retrieval that does not require fine motor control or simultaneous actions and that is operable with limited reach and strength shall be provided.
Provide simple keyboard functionality for:
- navigating documents,
- completing forms, and
- activating application controls.
Chapter 4: Electronic Forms
4.1 Overview
1 TAC §206.50(1)(N) - When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
Forms must be made accessible regardless of the final method of completion and submission.
4.1.1 Forms Instructions
When necessary, instructions are included within the form to meet user needs and accessibility requirements.
Detailed instructions for each form are contained in a separate document and should address:
- purpose,
- manual citation (if applicable),
- procedures,
- usage,
- distribution, and
- electronic and paper retention.
4.1.2 Privacy Legend
1 TAC §206.54(2)(B) - Each non-judiciary state governmental body that collects information about an individual by means of a form that the individual completes and files with the state governmental body in a paper format or in an electronic format on an Internet site shall prominently state, on the paper form and prominently post on the state governmental body's Internet site in connection with the electronic form, that:
- with few exceptions, the individual is entitled on request to be informed about the information that the state governmental body collects about the individual;
- the individual is entitled to receive and review the information; and
- the individual is entitled to have the state governmental body correct incorrect information about the individual.
Forms that collect confidential information must contain a privacy legend informing users of the their right to
- upon request, be notified of information being collected about the user,
- receive and review the information, and
- have incorrect user information corrected.
4.2 Translation of Online Forms
1 TAC §206.52 - To facilitate the usability of state Web sites by people with limited English proficiency, in addition to English language content, the agency should consider providing the content of their Web sites in the primary language or languages used by the people using the Web site.
To ensure meaningful access, TFC must translate their vital external website program information, including forms and documents, into Spanish. Vital information from those documents should be interpreted when translations are not available for individuals who speak Spanish. If an individual can only speak Spanish and cannot read and/or write, oral communication may be more effective (See Chapter 11: Spanish Translation).
Determining if a document (or the information it solicits) is "vital" may depend upon:
- The importance of the program, information, encounter, or service involved; and
- The consequence to the individual with LEP if the information in question is not provided accurately or in a timely manner.
Chapter 5: Software Applications and Electronic Information Resources
5.1 Software Applications Scope
All TFC software applications developed or procured on or after September 1, 2006, must comply with the provisions of 1 TAC §213.10. TFC Contracting and Procurement staff must review the software vendor's Voluntary Product Accessibility Template (VPAT) to ensure the vendor has completed it in a manner that certifies their software application complies with state and federal accessibility standards. Staff may need to request additional product documentation and information from the vendor to confirm a product's statement of accessibility. The agency is are strongly encouraged to conduct user accessibility testing before deploying software applications or accepting the delivery of software developed internally or under a TFC contract. All Web-based applications must also comply with the requirements in Chapter 2: Web Site Accessibility and Usability.
5.2 Overview
Accessible software applications may include features specifically designed for users with disabilities. However, they must give users more than one way of accomplishing a task. They use established standards for displaying menus and prompts that can be interpreted by assistive technology. They allow users to use the mouse alone, the keyboard alone, or a combination of the two. They rely on more than color or sound to convey information. The installation instructions, user guides, and other documentation are available in alternate formats, such as large print, braille, and electronic text.
5.3 Software Applications and Operating Systems
5.3.1 Keyboard Access
1 TAC §213.10(a) - When software is designed to run on a system that has a keyboard, product functions shall be executable from a keyboard where the function itself or the result of performing a function can be discerned textually.
Software applications cannot be solely dependant upon a mouse. Operation, instructions, and information displayed by an application must be perceivable, operable, and reportable when using assistive technologies.
5.3.2 Compatibility with Assistive Technology and Accessibility Features of Operating Systems
1 TAC §213.10(b) - Applications shall not disrupt or disable activated features of other products that are identified as accessibility features, where those features are developed and documented according to industry standards. Applications also shall not disrupt or disable activated features of any operating system that are identified as accessibility features where the application programming interface for those accessibility features has been documented by the manufacturer of the operating system and is available to the product developer.
5.3.3 On-Screen Focus
1 TAC §213.10(c) - A well-defined on-screen indication of the current focus shall be provided that moves among interactive interface elements as the input focus changes. The focus shall be programmatically exposed so that assistive technology can track focus and focus changes.
Developers are strongly encouraged to use structure (headings, lists, etc.) to reveal document and application organization and improve usability for people using assistive technologies.
5.3.4 Access to User Interface Elements
1 TAC §213.10(d) - Sufficient information about a user interface element including the identity, operation and state of the element shall be available to assistive technology. When an image represents a program element, the information conveyed by the image must also be available in text.
Images used to convey information or functionality must have sufficient contrast and resolution to allow users of screen magnification software to understand the meaning of the content or the functionality. Developers are strongly encouraged to use actual text rather than image replacement techniques.
5.3.5 Use of Images to Identify Application Controls
1 TAC §213.10(e) - When bitmap images are used to identify controls, status indicators, or other programmatic elements, the meaning assigned to those images shall be consistent throughout an application's performance.
Controls must be consistent in appearance, labeling, and function throughout the same application.
5.3.6 Access to Textual Information
1 TAC §213.10(f) - Textual information shall be provided through operating system functions for displaying text. The minimum information that shall be made available is text content, text input caret location, and text attributes.
5.3.7 User-Selected Contrast and Color Selections
1 TAC §213.10(g) - Applications shall not override user selected contrast and color selections and other individual display attributes.
For Web-based applications and information systems, styles must be set in an external style sheet. In-line and page-level styles are not acceptable.
Example:
A user chooses to use a personal style sheet to provide foreground and background colors that will improve readability for the user's visual impairment. If in-line or page-level styles override the styles in the personal style sheet, the foreground and background may be indistinguishable to the user, rendering the document unreadable.
5.3.8 Restrictions on Use of Animation
1 TAC §213.10(h) - When animation is displayed, the information shall be displayable in at least one non-animated presentation mode at the option of the user.
Animation should stop automatically after 30 seconds, or controls to disable the animation must be available to the user. A textual equivalent of the animation must be available on the same page, or a link to that textual information must be provided on the page.
5.3.9 Conveying Information through the Use of Color and Sound
1 TAC §213.10(i) - Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.
Color or sound may not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing an element.
5.3.10 Support for Color and Contrast Settings
1 TAC §213.10(j) - When a product permits a user to adjust color and contrast settings, a variety of color selections capable of producing a range of contrast levels shall be provided.
5.3.11 Restrictions on Use of Flashing or Blinking Objects
1 TAC §213.10(k) - Software shall not use flashing or blinking text, objects, or other elements having a flash or blink frequency greater than 2 Hz and lower than 55 Hz.
It is recommended that flashing objects be avoided whenever possible. This rule is intended to prevent triggering seizures in people who have photo-sensitive epilepsy.
5.3.12 Use of User Inputs
1 TAC §213.10(l) - When electronic forms are used, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
Placement of form field labels should be consistently applied throughout an application. Form field labels must be programmatically associated with form field inputs. Form submission or execution must be a discrete operation separate from form input. Refer to Chapter 4 of this policy manual for additional guidance on forms.
5.4 Additional Considerations
The following items are not specifically addressed in 1 TAC Chapter 213 but greatly affect the accessibility and usability of electronic and information resources for individuals with disabilities. Developers are strongly encouraged to meet the requirements of these guidelines.
5.4.1 Timed Response
If the application requires a timed response, a method of extending the time shall be provided unless extending the time would invalidate the functionality or purpose of the application.
Examples
- The user is allowed to deactivate the time-out; or
- The user is allowed to adjust the time-out over a wide range that is at least 10 times the length of the default setting; or
- The user is warned before time expires and given at least 20 seconds to extend the time-out with a simple action (for example, "press any key"), and the user is allowed to extend the timeout at least ten times;
Examples that would invalidate the functionality or purpose of the application that would not require a method of extending a timed response include:
- The time-out is an important part of a real-time event (for example, an auction), and no alternative to the time-out is possible; or
- The time-out is part of an activity where timing is essential (for example, competitive gaming or time-based testing) and time limits cannot be extended further without invalidating the activity.
5.4.2 Horizontal and Vertical Scrolling
Applications should have minimal requirements for either horizontal or vertical scrolling to view content and controls.
5.4.3 Links
Hyperlinks must make sense out of context when displayed in a list of links.
Examples:
- Bad: "Click Here";
- Better: "Click here to visit the accessibility home page";
- Best: "accessibility home page"
- Bad: "More";
- Better: "complete article about Web site accessibility";
- Best: "Web site accessibility"
5.4.4 Tab Navigation Order
The keyboard tab order must match the logical visual sequence for commands, controls, and content.
Chapter 6: Testing and Validation
1 TAC §206.50(P)(2) - Effective September 1, 2006, unless an exception (based on the requirements addressed in 2054.460, government Code) is approved by the executive director, new Web page/site designs shall be tested by the state agency using one or more §508 compliance tools in conjunction with manual procedures to validate compliance with the Texas Web accessibility standards. The agency will establish policies to monitor their Web site for compliance with the Texas Web accessibility standards. Additional information about testing tools and resources are in the State Web Site guidelines that are available from http://www.dir.state.tx.us.
6.1 Testing and Validation
To ensure that TFC Electronic and Information Resources (EIR) are designed with consideration for the widest range of users abilities, all agency developers, publishers, and content providers must be responsible for validating that their EIR meet §508 compliance requirements prior to publishing.
6.2 Roles and Responsibilities
TFC shall follow the Testing and Validation provisions of this policy manual. Typical roles that are subject to these provisions may include, but are not limited to:
- Multimedia and Web site developers,
- Content providers and publishers,
- Managers with content responsibility,
- Contractors and vendors, and
- Webmasters.
End users with varying abilities, including users of assistive technology, shall participate in EIR content testing and validation, whenever possible.
6.3 Minimum Testing Requirements
At minimum, agency employees and contractors who are responsible for EIR must comply with §508 requirements for the following:
- text alternatives for non-text content,
- multiple method accessibility,
- accessible navigation,
- image maps,
- audio and multimedia, to include alternative forms of accommodation,
- accessible forms,
- accessible tables,
- scripts and applets, and
- use of style sheets.
6.4 Automated Testing/Validation Tools
Any automated testing and/or validation tools used for accessibility compliance must include functionality that determines the conformance of EIR to accessibility checks which can be executed automatically. It is also desirable that the tool effectively assist reviewers in performing accessibility checks which need to be evaluated manually.
6.5 Manual Testing/Validation
According to the World Wide Web Consortium (W3C) "Many accessibility checks require human judgment and must be evaluated manually using different techniques." Therefore, manual testing and validation of Web content for accessibility compliance should be organized to complement any automated testing and validation.
For more information, see Accessibility Testing/Validation Procedures document.
6.6 Purchased Electronic Products
The agency shall adopt policies and procedures for purchasing electronic information resources, as defined by 1 TAC §213.1(1), to ensure compliance with Chapter 213 of the TAC.
For more information, see Chapter 10: Procurement.
6.7 Auditing
Auditing to ensure compliance with §508 standards shall be conducted based on the directives of the Department of Information Resources and the State Auditor's Office.
Chapter 7: Multimedia, Audio, and Video Files and Products
It is the policy of the Texas Facilities Commission (TFC) that training and informational video and multimedia productions which support the agency's mission and contain speech or other audio information necessary for the comprehension of the content must be captioned, regardless of format. Audio only media presentations that are not live, such as streaming audio Web casts, must include a posted text transcript. TFC should evaluate the target audience of training and informational video or multimedia production when considering a reasonable exception to this policy for significant difficulty or expense. Multimedia content intended for the general public or all agency staff may necessitate a greater need for captioning than content intended for a discreet target audience which will be used for a short duration without a likely need for captioning. Under the Multimedia, Audio, and Video Files and Products accessibility policy, exception decisions may be delegated by each commission as described in Chapter 7.7.
7.1 Captioning and Audio Description of Web Casts of Live/Real-Time Open Meetings and Other Multimedia Presentations
1 TAC §206.50(1)(B) - Based on a request for accommodation of a Web cast of a live/real time open meeting (Open Meetings Act Government Code, Chapter 551) or training and informational video productions which support the agency's mission, each state agency shall consider alternative forms of accommodation (examples of different technologies and forms of accommodation and additional information for state agencies to consider in the development of accessible training and informational video and multimedia productions which support the agency's mission are available in the Accessibility Section of the State Web Site Guidelines under "Multimedia, Audio, and Video Files" available from http://www.dir.state.tx.us ).
An agency public announcement for a live and/or open meeting or Web cast must provide
- timely notification of the meeting, and
- instructions and an agency contact for requesting accommodations.
When a request is received for an accommodation in response to a public meeting announcement, TFC is encouraged to provide real-time captioning and consider other forms of accommodations.
Providing real-time captions of live broadcasts of one-time meetings (e.g., board or committee meetings or training for a known audience) by some state agencies may impose a significant difficulty or expense. Each state agency may
- consider alternative forms of accommodation (covered in the State Web Site Guidelines under "Multimedia, Audio, and Video Files"); and
- assess
- how the agency will respond to public or employee requests for access, and
- the need for an exception by the commission (See 7.7 Exceptions ).
In considering exceptions, the agency must comply with the requirements addressed in §2054.460, Government Code, Exception for Significant Difficulty or Expense; Alternate Methods. Refer to Chapter 1.3.1 Exceptions.
The Open Meetings Act (Government Code, Chapter 551) provides that meetings of governmental bodies must be open to the public (except for expressly authorized executive sessions). Additional information about "Open Meeting" accessibility and requests for accommodation is available from the Secretary of State's Web site.
7.2 Equivalent Alternatives for Multimedia Files and Web Presentations
The requirement for TFC to meet federal accessibility standards refers to Section 508 of the Rehabilitation Act. The Federal Access Board published the "Electronic and Information Technology Accessibility Standards" (Section 508). The Federal Access Board standards are available at http://www.access-board.gov/508.htm.
Access Board's Standards: §1194.22 Web-based intranet and internet information and applications:
36 CFR §1194.22(b) - Equivalent alternatives for any multimedia presentation shall be synchronized with the presentation.
All multimedia files and Web presentations must have synchronized alternatives. Synchronized alternatives for multimedia include
- captions that
- include dialog
- identify who is speaking, and
- notate sound effects and other significant audio information; or
- sign language interpretation that translates the meaning of spoken words into specific gestures, hand positions and hand movement.
Alternate text displays or audio descriptions should be user-selectable whenever possible. Upon approval of an exception to this policy for significant difficulty or expense, text transcripts may be an acceptable alternative method of access.
7.3 Video and Multimedia Equipment
1 TAC §213.12(a) - Television tuners, including tuner cards for use in computers, shall be equipped with secondary audio program playback circuitry.
Section 508 (Rehabilitation Act) §1194.24 Video and multimedia products.
(a) All analog television displays 13 inches and larger, and computer equipment that includes analog television receiver or display circuitry, shall be equipped with caption decoder circuitry which appropriately receives, decodes, and displays closed captions from broadcast, cable, videotape, and DVD signals.
All new purchases of video and multimedia equipment (televisions, DVD players, VCRs, etc.) with a television tuner, including desktop and portable computers, must have closed caption decoding and Secondary Audio Program Channel (SAP) circuitry used as a standard means of receiving audio description of video content.
7.4 Captioning of Video and Multimedia Content
1 TAC §213.12(b) - Upon receiving a request for accommodation of a Web cast of training/informational video productions which support the agency's mission, each state agency which receives such a request for accommodation shall provide an alternative form(s) of accommodation in accordance with §2054.456 and §2054.457, Government Code. (Examples of different technologies and forms of accommodation and additional information for state agencies to consider in the development of accessible training and informational video productions are available in the Accessibility Section of the State Web Site Guidelines under "Multimedia, Audio, and Video Files" available from http://www.dir.state.tx.us )
Within consideration of the agency's resources, TFC must provide captioning of video or multimedia products that support the agency's mission, regardless of whether the products are procured or internally produced, unless a request for an exception is granted because of significant difficulty or expense (See 7.7 Exceptions).
7.5 Audio Description
All training and informational video and multimedia productions which support the agency's mission and contain visual information necessary for the comprehension of the content must be audio described regardless of format, whenever the products end user requests such measures or when there is a demonstrated need for this format. Requests may be submitted through the TFC Media Accommodations Form TFC Media Accomodations Form Instructions
Audio description is the addition of an audio track or narration describing the important visual elements of the video that are necessary to understand the full intent of the information being presented. Audio description should be planned into the production of the video rather than added in post-production. Alternate text displays or audio descriptions should be user-selectable.
7.6 Enhanced Accessibility Requirements for Texas Facilities Commission
House Bill 2292 of the 78th Regular Session added the following requirement for the Texas Facilities Commission:
§531.0162 Government Code - The technological solutions must:
- ensure that the public is able to easily find information about the agency on the Internet;
- ensure that persons who want to use the agency's services are able to:
- interact with the agency through the Internet; and
- access any service that can be provided effectively through the Internet;
- be cost-effective and developed through the commission's planning process; and
- meet federal accessibility standards for persons with disabilities.
This enhanced requirement means that all video and multimedia productions that support the agency's mission must be captioned without the need for a request for accommodation.
7.6.1 Section 508 Standards for Video and Multimedia Products
Access Board's Standards: 36 CFR §1194.22 Web-based intranet and internet information and applications:
(b) Equivalent alternatives for any multimedia presentation shall be synchronized with the presentation.
Access Board's Standards: 36 CFR §1194.24 Video and multimedia products:
(c) All training and informational video and multimedia productions which support the agency's mission, regardless of format, that contain speech or other audio information necessary for the comprehension of the content, shall be open or closed captioned.
(d) All training and informational video and multimedia productions that support the agency's mission, regardless of format, that contain visual information necessary for the comprehension of the content, shall be audio described.
These more rigorous federal standards for captioning and audio description of multimedia content apply to the entire agency. The standards require that the agency provide captioning of video and multimedia content and audio description of important visual elements even when a request for an accommodation has not been received. Captioning should be planned at the beginning of production for all multimedia projects. In considering the need to request an exception to this policy, the agency should evaluate the need and benefit to the target audience for accessible multimedia content, including the need to provide accessible mass media to the general public, the cost of compliance, and the effectiveness of alternative access means to provide timely, equivalent access to the same information.
7.7 Exceptions
1 TAC 213.17(a) (1) - When compliance with the provisions of this subchapter imposes a significant difficulty or expense, state agencies shall provide individuals with disabilities with the information and data involved by an alternative means of access that allows the individual to use the information and data.
The agency may seek exception to the accessibility requirements for captioning and audio description of video and multimedia products because of significant difficulty or expense as described in this policy manual in Chapter 1: Overview, 1.3.1. Exception for Significant Difficulty or Expense. The commission decides whether providing access imposes a significant difficulty or cost to the agency, and that determination cannot be appealed.
An exception may also be approved by an individual designated by the agency’s commission specifically for captioning and audio description of multimedia products. When exceptions for significant difficulty or expense are granted the agency must provide an alternate method of access, including voice, fax, teletype, real-time captioning, transcripts, or other effective means of access.
7.8 Multimedia Training
1 TAC §206.50(7) - All state agencies shall participate in the survey and should participate in the training identified by the department in the State Web Site guidelines available at http://www.dir.state.tx.us. As a minimum, Web content providers/developers should understand the requirements for complying with §508 requirements for the following:
(E) Audio & Multimedia.
All TFC staff involved in the production of multimedia content must be trained on making multimedia content accessible. Refer to Chapter 12:Training for further training guidance.
Chapter 8: Telecommunication Products and Systems
8.1 Overview
All agency telecommunications equipment and systems acquired on or after September 1, 2006 must meet the accessibility requirements of this chapter and the requirements of §255 of the Federal Telecommunications Act of 1996.
To better serve the needs of individuals with varying disabilities in accessing telecommunications and call centers, TFC is encouraged to provide:
- alternative input controls including voice commands, and
- access to live operators for users experiencing difficulty with automated systems.
For a compliance policy requirements, see Chapter 1: Overview, 1.3 Compliance.
For telecommunications systems and equipment purchasing requirements, see Chapter 10: Procurement and Contracts for Electronic and Information Resources.
8.1.1 Telecommunications
1 TAC §213.1 (11) 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.
The term telecommunications applies to the transmission of actual information and the means of transmittal. For example, telecommunications include both a voice mail message as a piece of actual information and a telephone system as a means of transmittal.
8.2 Teletypewriter (TTY)
1 TAC §213.1 (12) TTY - An abbreviation for teletypewriter. Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the telephone network. TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. TTYs are also called text telephones.
A teletypewriter (TTY) is a data terminal that sends and receives tones and converts the tones into text so an individual who is deaf or has a communication disability can use the telephone.
8.2.1 TTY Connection
1 TAC §213.11(a) - Telecommunications products or systems which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non-acoustic connection point for TTYs. Microphones shall be capable of being turned on and off to allow the user to intermix speech with TTY use.
Telephone systems must have the following TTY accessibility features
- an available port for direct connection of TTY devices, and
- speech and TTY intermixing capabilities.
Microphones must allow the user to turn them off and on when intermixing speech.
8.2.2 TTY Signal Protocol
1 TAC §213.11 (b) -Telecommunications products which include voice communication functionality shall support all commonly used cross-manufacturer non-proprietary standard TTY signal protocols.
Telephone systems that compress or alter transmissions must ensure signals can be decoded properly.
"TTY compatible" products match the section 508 TTY non-proprietary transmission rate protocol of 45.5 baud Baudot or 300 baud ASCII.
8.2.3 Voice Mail and Voice Response for TTY Users
1 TAC §213.11 (c) - Voice mail, auto-attendant, and interactive voice response telecommunications systems shall be usable by TTY users with their TTYs.
Voice mail, auto-attendant, and interactive voice response telecommunication systems must provide users
- clear instructional prompts
- sufficient response time for relay service assistance
- auditory instructions that when typed are understandable when read by TTY users
- message systems that will not corrupt TTY data
"Usable by TTY Users with their TTYs" is a performance requirement. It does not require phone systems to provide voice to text conversion capabilities.
8.3 Requirements for Timed Response, Caller ID and Advanced Telecommunications Features
8.3.1 Timed Responses
1 TAC §213.11 (d) - Voice mail, messaging, auto-attendant, and interactive voice response telecommunications systems that require a response from a user within a time interval, shall give an alert when the time interval is about to run out, and shall provide sufficient time for the user to indicate more time is required.
Telecommunication systems must alert users when their response time is limited.
Users must be permitted to indicate if more time is needed to respond before being disconnected. When the user requests additional response time the system will grant additional time.
8.3.2 Caller ID and Other Visual Displays
1 TAC §213.11 (e) - Where provided, caller identification and similar telecommunications functions shall also be available for users of TTYs, and for users who cannot see displays.
The information available on the display of telecommunications equipment, including caller ID, must be available to users through synthetic speech or other means of access.
8.4 Volume Control and Compatibility with Hearing Aids and Hearing Technologies
8.4.1 Volume Control
1 TAC §213.11 (f) - For transmitted voice signals, telecommunications products shall provide a gain adjustable up to a minimum of 20 dB. For incremental volume control, at least one intermediate step of 12 dB of gain shall be provided.
Stepped volume controls must provide users with an intermediate level of at least 12 dB (decibel) gain. There is no requirement for an intermediate level for volume controls that allow the user to set volume anywhere from 0 dB to 20 dB.
1 TAC §213.11 (g) - If the telecommunications product allows a user to adjust the receive volume, a function shall be provided to automatically reset the volume to the default level after every use.
User-adjusted volume controls must automatically reset to the default setting after every use to help protect the hearing of the equipment's other users.
8.4.2 Audio Output
1 TAC §213.11 (h) - Where a telecommunications product delivers output by an audio transducer which is normally held up to the ear, a means for effective magnetic wireless coupling to hearing technologies shall be provided.
Telephone receivers must be equipped with hearing aid compatibility (HAC) to eliminate acoustic feedback for individuals using hearing aids.
1 TAC §213.11 (i) - Interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) shall be reduced to the lowest possible level that allows a user of hearing technologies to utilize the telecommunications product.
Telephone system interference must be reduced to as low a level as possible for users with hearing aids and listening devices to better utilize their assistive technology.
8.4.3 Transmission information
1 TAC §213.11 (j) - Products that transmit or conduct information or communication, shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide the information or communication in a usable format. Technologies which use encoding, signal compression, format transformation, or similar techniques shall not remove information needed for access or shall restore it upon delivery.
Telecommunications products must not remove TTY text messaging unless the information can be fully restored to the user receiving the desired information.
For example, a Voice over Internet Protocol (VoIP) telecommunications system must be capable of simultaneously originating, carrying, and receiving auditory and text based communications.
8.5 Access to Operable Controls and Keys
These provisions apply to products with mechanically operated controls or keys such as telephone keypads and computer keyboards.
These provisions do not apply to touch screen technology.
1 TAC §213.11 (k) - Products which have mechanically operated controls or keys, shall comply with the following:
(1) Controls and keys shall be tactilely discernible without activating the controls or keys.
Individual keys must be identifiable and discernable from adjacent keys by touch. Keyboards must allow users to identify controls and keys by touch without automatically activating a function.
For example, placement of a raised dot on the telephone keypad's number 5 key can assist the user in achieving non-visual orientation of the keypad.
(2) Controls and keys shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls and keys shall be 5 lbs. (22.2 N) maximum.
Telecommunications products must not require users to exert more than 5 lbs. (22.2 N) of force to activate keys and controls.
(3) If key repeat is supported, the delay before repeat shall be adjustable to at least 2 seconds. Key repeat rate shall be adjustable to 2 seconds per character.
Telecommunications products with supported key repeat must allow the user to adjust time between keystrokes to at least 2 seconds to prevent the user from making number unintended keystrokes.
(4) The status of all locking or toggle controls or keys shall be visually discernible, and discernible either through touch or sound.
Special keys such as the "caps lock" and "scroll lock" keys should be tactilely discernible or otherwise alert the user with an audible indication that the function has been engaged.
Chapter 9: Self-Contained Products and Office Equipment
This section addresses accessibility requirements for office equipment and products that meet the definition of electronic and information resources (EIR) and that are acquired or produced by TFC on or after September 1, 2006. The definition of EIR is found in 1 TAC §213.1(5).
See chapter 1.1.4 of this policy manual for the definition of Electronic and Information Resources
9.1 Self-Contained Products
1 TAC §213.13(a) - Self contained products shall be usable by people with disabilities without requiring an end-user to attach assistive technology to the product. Personal headsets for private listening are not assistive technology.
Self-contained, closed products are defined as 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, kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar products. This rule requires that self-contained products which do not readily permit the installation of industry standard assistive technology by end-users must be natively accessible and comply with the following standards.
9.1.1 Timed Response
1 TAC §213.13(b) - When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.
Users must be prompted and allowed to request additional time to complete information transactions requiring a timed response. When the user requests additional response time, the system must grant additional time.
9.1.2 Access to Touch Screens and Contact Sensitive-Controls
1 TAC §213.13(c) - Where a product utilizes touch screens or contact-sensitive controls, an input method shall be provided that complies with Telecommunications products in §213.11(k)(1) - (4) of this subchapter.
The accessibility requirements for input controls are found in Chapter 8: Telecommunications Products and Systems, 8.5 Access to Operable Controls and Keys
9.1.3 Biometric Controls and Identification
1 TAC §213.13(d) - When biometric forms of user identification or control are used, an alternative form of identification or activation, which does not require the user to possess particular biological characteristics, shall also be provided.
User identification and security controls for self-contained products may not solely depend upon fingerprint scans, retina scans, voice recognition, or other biological means of identification or activation. An alternate, accessible means of access and/or input must be provided.
9.1.4 Access to Audio Output
1 TAC §213.13(e) - When products provide auditory output, the audio signal shall be provided at a standard signal level through an industry standard connector that will allow for private listening. The product must provide the ability to interrupt, pause, and restart the audio at anytime.
The use of a standard headphone jack to access an audio output signal is an example of a product specification that addresses the requirement for an industry standard connector. Input controls must allow the user to interrupt, pause, and restart information delivered through the product's audio signal.
9.1.5 Volume Control
1 TAC §213.13(f) - When products deliver voice output in a public area, incremental volume control shall be provided with output amplification up to a level of at least 65 dB. Where the ambient noise level of the environment is above 45 dB, a volume gain of at least 20 dB above the ambient level shall be user selectable. A function shall be provided to automatically reset the volume to the default level after every use.
The user must be able to incrementally adjust the speaker volume of the product's voice output up to at least 65 decibels when using the product in public areas such as a building's lobby, shopping center, or mall. When the public area has a background noise level of 45 decibels or greater, the user must be able to adjust the product's volume to a gain of 20 decibels above the background noise level. User-adjusted volume controls must automatically reset to the default setting after every use to protect the hearing of subsequent users.
9.1.6 Color Coding Restrictions
1 TAC §213.13(g) - Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.
Products may not use color as the only method of imparting information or meaning to a user or indicating an option for the operation of product controls (e.g., the "Stop" button on a copy machine should not only be colored red but also be labeled with the text "Stop").
9.1.7 Product Support for Color and Contrast Settings
1 TAC §213.13(h) - When a product permits a user to adjust color and contrast settings, a range of color selections capable of producing a variety of contrast levels shall be provided.
9.1.8 Product Restrictions on Use of Flashing and Blinking Objects
1 TAC §213.13(i) - Products shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.
It is recommended that flashing objects be avoided whenever possible. This rule is intended to prevent triggering seizures in people with photo-sensitive epilepsy.
9.2 Position of Operable Controls for Fixed Freestanding Products
1 TAC §213.13(j) Products which are freestanding, non-portable, and intended to be used in one location and which have operable controls shall comply with the following:
- The position of any operable control shall be determined with respect to a vertical plane, which is 48 inches in length, centered on the operable control, and at the maximum protrusion of the product within the 48 inch length.
- Where any operable control is 10 inches or less behind the reference plane, the height shall be 54 inches maximum and 15 inches minimum above the floor.
- Where any operable control is more than 10 inches and not more than 24 inches behind the reference plane, the height shall be 46 inches maximum and 15 inches minimum above the floor.
- Operable controls shall not be more than 24 inches behind the reference plane.
This rule applies to control surfaces for products such as copy machines, kiosks, transaction machines, and other products that are located in a fixed, designated area.
9.3 Desktop and Portable Computers
All agency purchases or leases of desktop and portable computers on or after September 1, 2006, must comply with the requirements of 1 TAC §213.14. Agencies are encouraged to require that vendors furnish evaluation units of desktop and portable computers for testing with industry leading or agency standard assistive technology. Any evaluation unit failing before or during testing may result in disqualification of the offer.
9.3.1 Operable Controls and Keys
1 TAC §213.14(a) - All mechanically operated controls and keys shall comply with Telecommunications products in §213.11(k)(1) - (4) of this subchapter.
Operable controls are defined as components of a product that require 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. See Chapter 8: Telecommunications, 8.5 Access to Operable Controls and Keys.
9.3.2 Access to Touch Screen and Touch Operated Controls
1 TAC §213.14(b) - If a product utilizes touch screens or touch-operated controls, an input method shall be provided that complies with Telecommunications products in §213.11(k)(1) - (4) of this subchapter.
See Chapter 8: Telecommunications, 8.5 Access to Operable Controls and Keys.
9.3.3 Restrictions on Biometric Access and Control
1 TAC §213.14(c) - When biometric forms of user identification or control are used, an alternative form of identification or activation, which does not require the user to possess particular biological characteristics, shall also be provided.
Computer access and control may not solely depend upon fingerprint scans, retina scans, voice recognition, or other biological means of identification or activation. An alternate, accessible means of access and/or input must be provided.
9.3.4 Industry Standard Computer Slots, Ports, and Connectors
1 TAC §213.14(d) Where provided, at least one of each type of expansion slots, ports and connectors shall comply with publicly available industry standards.
Examples of industry standard expansion slots and connectors include
- USB 2.0,
- PCI,
- AGP, and
- COM port
9.3.5 Video and Multimedia Products
1 TAC §213.12(a) - Television tuners, including tuner cards for use in computers, shall be equipped with secondary audio program playback circuitry.
The Secondary Audio Program playback circuitry provides an industry standard audio channel for the playback of audio description of visual elements for video and multimedia content.
9.4 Access to Product Documentation and Support
1 TAC §213.16(a) - Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge.
Vendors must provide users with product support documentation, including users' manuals and operating instructions, in an alternate format upon request. Alternate formats may include electronic files, audio files, large print, or braille documentation. TFC staff should contact their agency's information resources department or computer help desk for the requested documentation.
1 TAC §213.16(b) - End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.
9.4.1 Access to Product Technical Support
1 TAC §213.14(c) - Support services for products shall accommodate the communication needs of end-users with disabilities.
The provision of technical support must accommodate the communication needs of individuals with disabilities within the functional performance criteria and accessibility standards outlined in Chapter 3 of this policy and other chapters and sections as applicable. For example, individuals who are deaf must have access to support through accessible telecommunications and through alternate means of support as required when this support is otherwise available to any customer within the terms of use of a product. Likewise, individuals who are blind must have access to Web-based, telephone, and other support, without barriers to standard assistive technology or other accessible products used to access that support.
Chapter 10: Procurement and Contracts for Electronic and Information Resources
10.1 Overview
1 TAC §213.17(a) - As of September 1, 2006, unless an exception is approved by the executive director of the state agency pursuant to §2054.460, Government Code, all electronic and information resources products developed or procured by a state agency for each project begun after August 31, 2006, shall comply with the applicable provisions of this subchapter, unless it would impose a significant difficulty or expense for the state agency. The lack of the commercial availability of products, including computer software, and specific technologies that would impose a significant difficulty or expense on state agencies are identified under "Exceptions and Emerging Technologies" in the Accessibility Section of the State Web Site Guidelines available from http://www.dir.state.tx.us.
Effective September 1, 2006, all TFC procurement of electronic and information resources (EIR) must comply with accessibility requirements in this policy manual in addition to other applicable purchasing requirements.
Accessibility requirements apply to the procurement regardless of the disability of those served or the dollar amount of the procurement.
10.2 Electronic and Information Resources Purchases
1 TAC §213.17(c) - This subchapter applies to electronic and information resources developed, procured, maintained, or used by agencies directly or used by a contractor under a contract with the agency which requires the use of such product, or requires the use, to a significant extent, of such product in the performance of a service or the furnishing of a product.
This policy manual provides guidance for the purchase of EIR and for the development of EIR for the use of both state employees and the public. Clients are included as members of the public.
10.2.1 Examples of Applicable Electronic and Information Resources
The following are examples of electronic and information resource purchases:
- telecommunications products such as telephones,
- information kiosks,
- transaction machines,
- web site and application development, and
- office equipment such as copiers and fax machines.
See Chapter 1.1.4 for a definition of EIR
10.2.2 Embedded Technology
If the primary purpose of the embedded technology is for the functioning of equipment or software and is not primarily for informational purposes, the technology is not considered an electronic and information resource.
Below are examples of embedded technology that is not primarily for informational purposes:
- heating, ventilation, and air conditioning equipment such as thermostats and temperature control devices, and
- medical equipment in which information technology is integral to the operation of the equipment.
10.3 Planning and Developing the Purchase
1 TAC §213.17 (b) When procuring a product, each state agency shall procure products which comply with the provisions in this subchapter when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.
All TFC procurement for EIR must comply with these policies.
10.3.1 Development of the Solicitation
The accessibility standards in other chapters of this policy manual must be used to develop solicitation specifications and statements of work. When planning an EIR purchase, the agency must
- clearly understand and consider the uses of the EIR goods and services,
- include specifications and statements of work in solicitations that meet the needs of the agency and comply with the accessibility standards in this policy manual, and
- develop solicitation evaluation instruments that will measure whether responses to solicitations are responsive to accessibility requirements.
For assistance identifying and understanding accessibility standards in this policy manual that apply to EIR purchases, contact your agency's EIR accessibility specialist.
For assistance with purchase policies and processes and the development of specifications and statements of work, contact the agency's TFC Accessibility Coordinator
10.3.2 Buy Accessible Wizard
1 TAC §213.17 (b)(2) - State agencies may use the Buy Accessible Wizard to assess compliance with the provisions of this subchapter.
The Buy Accessible Wizard is a Web-based application that provides information about electronic and information resources. Users can gather data about EIR to address agency accessibility needs.
The Wizard provides users
- information about available accessibility features to assist in making decisions for agency purchases, and
- documentation that an assessment has been performed to evaluate accessible functions to meet user needs.
10.3.3 Compliance That Imposes Significant Difficulty or Expense
1 TAC §213.17 (a)(2) - When procuring a product, if a state agency determines that compliance with any provision of this subchapter imposes a significant difficulty or expense, the documentation by the state agency supporting the procurement shall explain why, and to what extent, compliance with each such provision would impose a significant difficulty or expense.
"Significant difficulty" must be identified during the planning and development phase. If it is not, a solicitation will likely have to be canceled and work begun on a new solicitation. If it is determined that including certain accessibility standards in a solicitation will impose a significant difficulty or expense upon the agency, an exception may be requested.
The exception for significant difficulty or expense is not an exception to overall compliance, but rather is an exception to the standard form of compliance.
For more information, see Chapter 1 - Overview, 1.3 Compliance
.Examples of significant difficulty or expense may include:
- vendors not readily available on the open market,
- excessive cost,
- unavailability of staff resources or technical support,
- program time constraints or excessively late delivery dates,
- incompatible equipment,
- lack of adequate or timely training, and
- questionable ability of available vendors to perform according to expectations.
If an exception to the accessibility standards is granted, the purchasing agency must find ways to mitigate significant difficulty or expense by providing individuals with disabilities a reasonable alternative means of access to information and data.
The example below demonstrates how the agency may mitigate accessibility costs.
The agency is purchasing photocopy machines. Machines that meet accessibility standards are significantly more expensive than machines that do not meet accessibility standards. The agency may decide to reduce costs by buying a larger number of the lower cost machines and purchasing a smaller number of the higher cost accessible machines based on anticipated need. The higher cost machines may be positioned in offices to be readily accessed by those with disabilities. An alternate means of access to copying may be made in offices where an accessible copy machine is not readily available for staff with disabilities by designating other staff to provide copying assistance.
10.3.4 Access by Alternate Means
1 TAC §213.17 (d) - 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 may develop or procure technologies that do not strictly follow the accessibility standards described in this policy manual but still result in an outcome of equivalent or better access to the same information for individuals with disabilities. An example may include the development or procurement of a multimedia FLASH training program that is navigable through the use of the keyboard and JAWS screen reader but fails to provide access to the training's textual content. However, this FLASH presentation is self-voicing, with audio content that mirrors the training's text presentation. A text transcript of the entire training is provided for deaf-blind users. Therefore, the outcome for the end user with a disability results in substantially equivalent access to the electronic information.
In such instances, an informed decision must be made to determine what constitutes equivalent or better access. The responsibility for making this decision rests with the area requesting the purchase. The area may obtain technical support from the agency's accessibility specialist.
10.4 Conducting the Purchase
10.4.1 Identifying Accessible Vendors
1 TAC §213.17 (b)(1) State agencies may use the Voluntary Product Accessibility Template (VPAT) to assess the availability of products in the commercial marketplace.
The entity conducting the purchase must research the market to determine the availability of accessible goods and services. To identify potential contract bidders or offerors, purchasing entities may use the following tools:
- information posted on vendor Web sites,
- the Comptroller's Centralized Master Bidders List (CMBL) Catalog Information System Vendor site,
- VPAT (the VPAT contains the vendor's explanation of the accessibility features of the product), and
- other means, as appropriate.
10.5 Documenting the Purchase Process
The purchaser must document in the procurement file steps taken to comply with the requirements in this policy manual in
- Section 10.3 Planning and Developing the Purchase, and
- Section 10.4 Conducting the Purchase.
10.6 State Contractors
10.6.1 Applying Accessibility Standards
1 TAC §213.17(c) - This subchapter applies to electronic and information resources developed, procured, maintained, or used by agencies directly or used by a contractor under a contract with the agency which requires the use of such product, or requires the use, to a significant extent, of such product in the performance of a service or the furnishing of a product.
A contract may directly or indirectly require the contractor to use EIR to a significant extent in performing a service or furnishing a product. Whether EIR is directly or indirectly required, the contractor must comply with accessibility standards described in this policy manual. However, incidental uses of EIR in the performance of a contract do not fall under this policy.
The following are examples of contracted EIR covered by this policy:
- If the agency contracts with a vendor to provide online legislative tracking services for its staff, accessibility standards apply to the vendor's electronic and information resources that are accessed by the agency's staff including Web pages and telephone systems used to provide customer support.
- If a contract requires the contractor to provide a client service through computer and telephonic access, then the computer and telephone equipment must meet accessibility standards.
- If a client services contract relies on an automated information and referral system that is essential for delivery of contracted services, then the requirements described in this accessibility policy manual apply.
- If a contract requires serving a population that has visual and auditory impairments and the contractor decides that this population can best be served by providing telephone access to services , then the contractor's telephone is a significant, indirect requirement for fulfilling the contract's requirements. The the requirements described in this accessibility policy manual apply to the contractor's telephone system as an electronic and information resource.
If EIR is used to access and/or manipulate information by a contractor's employees and is not used by the public, including clients, the EIR is considered incidental or insignificant for purposes of the contract.
For example, a home health provider contracts to provide in-home services to agency clients. The contractor has telephones, fax machines, and computers to run its administrative operations. The public, including clients, does not access contracted services through use of the machines. The EIR is considered incidental or insignificant for purposes of the contract, and the requirements described in this accessibility policy manual do not apply.
10.6.2 Required Terms and Conditions
In addition to terms and conditions that may be required by other statutory, regulatory, and purchase requirements, a contract that directly or indirectly requires the purchase of EIR must contain sufficient language to hold the contractor accountable for fulfilling applicable accessibility requirements.
Assistance must be obtained from the agency's accessibility specialist and legal counsel to ensure that contract terms and conditions properly address applicable accessibility requirements in 1 TAC Chapters 206 and 213.
10.7 Contract Management and Monitoring
The agency must ensure that EIR services and products (goods) are provided by all parties to the contract according to contract terms and conditions.
10.7.1 Contract Management
When making purchases that directly or indirectly require EIR, the agency must ensure that accessibility requirements are met by the contractor.
Depending on a contract's complexity, the contract management function may be carried out as a formal or informal part of a named employee's job. In complex contracts, others may be assigned to assist the contract manager.
Accessibility management and monitoring ensures that
- contract accessibility requirements are satisfied,
- the financial interests of the agency are protected, and
- bills associated with accessible goods and services are appropriately approved for payment.
10.7.2 Risk Assessment
The level of accessibility management and monitoring must be consistent with the following contract aspects:
- complexity of accessibility terms and conditions,
- level and duration of risk to contracted outcomes if accessibility is not appropriately provided, and
- potential dollar loss if accessibility is not adequately provided.
With regard to accessibility, risk assessment must include:
- consideration of accessibility standards,
- importance of accessibility to the performance of the contract ,
- costs associated with accessibility,
- vendor's or provider's history in meeting accessibility standards, and
- additional accessibility considerations, if any.
Chapter 11: Spanish Language Translation
The 79th Texas Legislature passed Senate Bill 213 (SB 213), which amended Texas Government Code 2054 by adding Section 2054.116. SB 213 directs state agencies to ensure meaningful access to their online information for Spanish-speaking individuals with limited English proficiency (LEP). To comply with SB 213, and to facilitate the accessibility of state websites for individuals with LEP whose primary language is Spanish, TFC must ensure meaningful access to state information online.
Note: Federal law requires access to services for all individuals with LEP, regardless of their primary language.
11.1 Spanish Language Content on Agency Websites
An individual with limited English proficiency is a person whose primary language is other than English and has a limited ability to read, speak, and understand English. This policy manual addresses the replacement of English text (source language) with an equivalent Spanish text (target language).
To assist TFC in ensuring that Spanish-speaking individuals with LEP have meaningful access, the agency shall provide a link to a translation service.
Note: This does not apply to interactive applications provided through Texas Online.
TFC must review the online information that it provides to the public in relation to the requirements of Section 2054.116, Government Code, as amended by SB 213 (79th Legislature). As part of this review, TFC will provide an opportunity for interested persons to provide input, including individuals with LEP and related organizations.
11.2 Guidance
11.2.1 External Program Information, Forms and Documents
To ensure meaningful access, the agency must translate their vital external website program information, including forms and documents, into Spanish. Vital information from those documents should be interpreted when translations are not available for individuals who speak Spanish. If an individual can only speak Spanish and cannot read and/or write, oral communication may be more effective.
Determining if a document (or the information it solicits) is "vital" may depend upon:
- The importance of the program, information, encounter, or service involved; and
- The consequence to the individual with LEP if the information in question is not provided accurately or in a timely manner.
Note: Awareness of rights or services is imperative to providing "meaningful access".
11.2.2 Process
TFC will translate electronic documents as requested. Following are examples of formats and types online documents the agency should translate:
- Documents and web content relating to vital agency program information consumers may need to access TFC programs or services;
- Documents relating to accessing emergency services, help lines, etc.;
- Consent/waiver forms;
- Notices containing vital information on the availability of language services;
- Documents relating to complaints;
- Intake forms for programs with the potential for significant impact to the individual;
- Notices of eligibility criteria, rights, denial, loss, or decreases in benefits or services, actions affecting parental custody or child support, and other hearings; and
- Applications to participate in a particular program or activity or to receive the agency's benefits or services.
11.2.3 Training and Tools for Employees
TFC must provide:
- Accessible information about the different types of language service options available for employees having contact with the general public. Information should include how and when to access those services; and
- Training on the translation policy and related directives and resources for staff, supervisors and administrators who come into contact with individuals with LEP.
Chapter 12: Training
12.1 Required Accessibility Training for Staff
The provisions described in this policy manual require that all applicable agency staff will at a minimum:
- complete an introductory accessibility training course,
- new employees must complete the introductory training within 30 days of hire and any required additional training as soon as possible thereafter,
- existing staff must take annual refresher courses, and
- training results will be tracked.
Using the following guidelines, supervisors are responsible for ensuring their staff receives training at a level appropriate to their job functions.
TFC will provide a computer-based training (CBT) or web-based training (WBT) introductory course until suitable Department of Information Resources (DIR) training resources are made available.
Cost for training beyond the introductory level is at the agency's expense. The agency is encouraged to provide training opportunities to improve the accessibility of agency electronic and information resources.
12.1.1 Introductory Training
Introductory training will guide staff through the following electronic and information resource accessibility information:
- Overview,
- Policy and procedures,
- Assistive technologies, and
- Examples of accessible electronic and information resources.
12.1.2 Basic Training
Introductory training is a prerequisite to basic training.
Basic training will guide staff through developing accessible electronic information using standard desktop applications and other PDF tools.
See table below for examples of job descriptions and functions of persons needing basic training.
Example Job Descriptions | Example Job Functions |
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12.1.3 Intermediate Training
Basic training is a prerequisite to intermediate training.
Intermediate training will guide staff in writing, maintaining, and reviewing web-based electronic information. This includes but is not limited to accessible
- web pages,
- forms, and
- tables.
See the table below for examples of job descriptions and functions needing intermediate level accessibility training.
Example Job Descriptions | Example Job Functions |
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12.1.4 Advanced Training
Intermediate training is a prerequisite to advanced training.
Advanced training will guide staff through developing, structuring, coding, and testing accessible web content. This includes but is not limited to:
- web pages,
- PDF documents, and
- multimedia files.
See the table below for examples of job descriptions and functions needing intermediate level accessibility training.
Example Job Descriptions | Example Job Functions |
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12.1.5 Specialized Training
There is no prerequisite for specialist training; however, management will evaluate the staff needs for specialized training on a case- by- case basis.
Specialized training will guide selected staff with:
- installing accessible software and/or hardware,
- procuring of goods and services, including but not limited to:
- purchasing in compliance with Section 508,
- develop and use contract language that pertains to accessibility,
- verifying that contractors have accessible websites,
- writing accessibility provisions for contracts,
- finding training resources, and
- measuring accessible contract performance,
- contract management and monitoring for accessibility,
- captioning videos,
- making Flash and other web animation accessible, and
- making audio formats of text documents.
See the table below for examples of job descriptions and functions needing specialized level accessibility training.
Example Job Descriptions | Example Job Functions |
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