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).
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.
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 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 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 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
This policy manual applies to, but is not limited to, electronic and information resources developed, procured, maintained, or used by
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.
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.
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,
See Chapter 10.3.4 Access by Alternative Means
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.
For information on captioning requirements, see Chapter 7: Multimedia, Audio, and Video Files.
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
The provisions of this policy manual shall not be construed to require a fundamental alteration in the nature of a product or its components.
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.
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.
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).
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.
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,
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."
For complete information on Webcasts, see Chapter 7: Multimedia, Audio, and Video Files.
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.
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.
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.
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.
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.
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.
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
Text-only versions must
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.
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.
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.
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.
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.
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:
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.
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:
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).
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.
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.
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:
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.
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:
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:
Forms that collect confidential information must contain a privacy legend informing users of the their right to
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Examples that would invalidate the functionality or purpose of the application that would not require a method of extending a timed response include:
Applications should have minimal requirements for either horizontal or vertical scrolling to view content and controls.
Hyperlinks must make sense out of context when displayed in a list of links.
Examples:
The keyboard tab order must match the logical visual sequence for commands, controls, and content.
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.
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.
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:
End users with varying abilities, including users of assistive technology, shall participate in EIR content testing and validation, whenever possible.
At minimum, agency employees and contractors who are responsible for EIR must comply with §508 requirements for the following:
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.
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.
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.
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.
For more information about testing and validation , see
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.
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
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
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.
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
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.
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.
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).
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.
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:
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.
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.
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.
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.
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:
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.
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.
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.
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
Microphones must allow the user to turn them off and on when intermixing speech.
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.
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
"Usable by TTY Users with their TTYs" is a performance requirement. It does not require phone systems to provide voice to text conversion capabilities.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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.
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.
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.
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").
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.
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.
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:
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
The following are examples of electronic and information resource purchases:
See Chapter 1.1.4 for a definition of EIR
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:
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.
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
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
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
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:
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.
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.
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:
The purchaser must document in the procurement file steps taken to comply with the requirements in this policy manual in
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 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.
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.
The agency must ensure that EIR services and products (goods) are provided by all parties to the contract according to contract terms and conditions.
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
The level of accessibility management and monitoring must be consistent with the following contract aspects:
With regard to accessibility, risk assessment must include:
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. For additional information about these requirements, please reference HHS Circular C-013.
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).
Note: The translation of Web site content into Spanish can be achieved at less cost if the Web site content is translated at the time other changes are made to the website.
To assist TFC in ensuring that Spanish-speaking individuals with LEP have meaningful access, the agency shall provide a link to a translation service. consider the following:
In making a reasonable effort to provide meaningful access, the agency must avoid:
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.
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:
Note: Awareness of rights or services is imperative to providing "meaningful access".
TFC will translate electronic documents as requested. TFC should develop procedures, including timeframes, for translating vital electronic documents into Spanish. Following are examples of formats and types online documents the agency should translate:
TFC must provide:
The provisions described in this policy manual require that all applicable agency staff will at a minimum:
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.
Introductory training will guide staff through the following electronic and information resource accessibility information:
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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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
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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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:
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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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:
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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