HBA-TYH S.B. 1382 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1382 By: Shapleigh State Affairs 4/27/1999 Engrossed BACKGROUND AND PURPOSE Under Section 2157.005, Government Code, a technology access clause was developed to allow for both visual and nonvisual access to automated information systems. The clause is to be included in all documents (offers, quotes, etc.) and contracts entered into by the state or state agencies, related to the procurement of automated information system (AIS) products, regardless of dollar amount. The clause requires, as a condition for the expenditure of state funds in the purchase of an AIS product, that the technology provide equivalent access for effective use by both visual and nonvisual means. Since the law's passage, there has been some confusion between how the law is written and how the technology access clause is applied. The statute prevents the state from purchasing only the specific technology access solutions necessary to meet the needs of the visually-impaired. Rather, the state would have to buy, because the vendor would have to sell, units that include the equal access technology, even if the needs of the visually-impaired employees are already met. Additionally, it is unclear if the state is prevented from relying on third-party providers as its means of meeting the access requirement. A new procurement clause written into the statute could address the inconsistency between the statute and the clause by requiring state funds to be expended only if blind or visually-impaired state employees will have access to a full range of assistive technology resources. S.B. 1382 amends the technology access clause in certain state contracts. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2157.005(b), Government Code, to prohibit state funds from being expended in the purchase of an automated information system, unless the contract contains the technology access clause. Set forth the required language of the access clause. Defines "equivalent access" in the access clause. Makes conforming and nonsubstantive changes. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause.