(a) The department, in establishing commodity procurement
contracts, for which the solicitation is issued on or after January
1, 2015, shall obtain and make available to institutions of higher
education all that apply:
  (1) accessibility information for products or services,
where applicable, through one of the following methods:
    (A) the URL to completed Voluntary Product Accessibility
Templates (VPATs) or equivalent reporting templates;
    (B) accessible electronic documents that address the
same accessibility criteria in substantively the same format as VPATs
or equivalent reporting templates; or
    (C) the URL to a web page which explains how to request
completed VPATs, or equivalent reporting templates, for any products
under contract;
  (2) credible evidence of the vendor's capability or
ability to produce accessible EIR products and services. Such evidence
may include, but is not limited to, a vendor's internal accessibility
policy documents, contractual warranties for accessibility, accessibility
testing documents, and examples of prior work results.
(b) For the procurement of EIR made directly by an
institution of higher education or through the department's commodity
procurement contracts for which the solicitation is issued on or after
January 1, 2015, the institution shall require a vendor to provide
all that apply:
  (1) accessibility information for the purchased products
or services, where applicable, through one of the following methods:
    (A) the URL to completed VPATs or equivalent reporting
templates;
    (B) an accessible electronic document that addresses
the same accessibility criteria in substantially the same format as
VPATs or equivalent reporting templates; or
    (C) The URL to a web page which explains how to request
completed VPATs, or equivalent reporting templates, for any product
under contract;
  (2) credible evidence of the vendor's capability or
ability to produce accessible EIR products and services. Such evidence
may include, but is not limited to, a vendor's internal accessibility
policy documents, contractual warranties for accessibility, accessibility
testing documents, and examples of prior work results.
(c) An institution of higher education shall implement
a procurement accessibility policy, and supporting business processes
and contract terms, for making procurement decisions. The institution
of higher education shall monitor the procurement processes and contracts
for accessibility compliance.
(d) This subchapter applies to EIR developed, procured,
or materially changed by an institution of higher education, or developed,
procured, or materially changed by a contractor under a contract with
an institution of higher education 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.
(e) Unless an exception is approved by the president
or chancellor of an institution of higher education pursuant to §2054.460,
Texas Government Code, and §213.37 of this chapter, or unless
an exemption is approved by the department, pursuant to §2054.460,
Texas Government Code, and §213.37 of this chapter, all EIR products
developed, procured or materially changed through a procured services
contract, and all electronic and information resource services provided
through hosted or managed services contracts, shall comply with the
provisions of Chapter 206 and Chapter 213 of this title, as applicable.
(f) 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.
(g) For projects which meet the following criteria,
accessibility testing shall be documented by a knowledgeable institution
of higher education staff member or third party testing resource to
validate compliance with §206.70 of this title and this chapter
any information resources technology project whose development costs
exceed $1 million and that:
  (1) requires one year or longer to reach operations
status;
  (2) involves more than one institution of higher education
or state agency; or
  (3) substantially alters work methods of institution
of higher education or agency personnel or the delivery of services
to clients.


Source Note: The provisions of this §213.38 adopted to be effective September 16, 2008, 33 TexReg 7744; amended to be effective November 17, 2009, 34 TexReg 8027; amended to be effective September 18, 2014, 39 TexReg 7565