The following words and terms, when used with this chapter, shall have the following meanings unless the context clearly indicates otherwise.

1. (1) Accessibility Conformance Report (ACR)--a report based on a completed VPAT demonstrating how a product or service conforms to WCAG standards and success criteria.
2. (2) Accessible--Describes an EIR that does not depend on a single sense or ability and does not limit use by people with disabilities.
3. (3) Agency head--The top-most senior executive with operational accountability for an agency, department, commission, board, office, council, authority, or other agency in the executive or judicial branch of state government that is created by the constitution or a statute of the state; or institutions of higher education as defined in Texas Education Code § 61.003.
4. (4) Alternate formats--Alternate formats usable by people with disabilities may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this chapter.
5. (5) Alternate methods--Different means of providing information, including product documentation and the provision of government services through EIR, to people with disabilities. Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.
6. (6) Assistive technology--Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.
7. (7) Commercial off-the-shelf product--a software product that is available in the commercial marketplace prior to customization.
8. (8) Department--The Department of Information Resources.
9. (9) Digital Accessibility--The practice of designing, developing, and maintaining EIR in a manner that ensures individuals with disabilities can access and utilize the technology.
10. (10) DOJ Title II Rule--The final rule published by the U.S. Department of Justice titled "Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Communications Technology" (28 CFR Part 35, RIN 1190-AA80). This federal regulation requires state and local government entities to ensure that their web content and mobile applications are readily accessible to and usable by individuals with disabilities by conforming to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards or higher.
11. (11) Electronic and information resources (EIR)--As defined by Texas Government Code § 2054.451. The term does not include equipment that contains embedded information technology where the principal function is not processing or managing information. If the embedded information technology processes or manages information through an external web or computer interface, that interface is considered EIR. Other terms such as, but not limited to, Information and Communications Technology (ICT) as defined by Section 508 Standards, Information Technology (IT) and Electronic Information Technology (EIT), etc. can be considered interchangeable terms with EIR for purposes of applicability or compliance with this chapter.
12. (12) Electronic and information resources (EIR) Development Services--Design, development, and / or programming services that developers provide for web development, application development, and/or configuration that impacts a user interface.
13. (13) Exception--A justified, documented non-compliance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title or, as applicable, the DOJ Title II Rule, which has been approved by the agency head or the President or Chancellor of an Institution of Higher Education.
14. (14) Exemption--A justified, documented non-compliance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title, which has been approved by the department and which is applicable statewide.
15. (15) Hardware--A tangible device, equipment, or physical component of ICT, such as telephones, computers, multifunction copy machines, and keyboards.
16. (16) Major information resource project (MIRP)--Any information resources technology project that meets the criteria defined in Texas Government Code § 2054.003(10).
17. (17) Operable controls--A component of a product that requires physical contact for normal operation. Operable controls include, but are not limited to, mechanically operated controls, input and output trays, card slots, keyboards, and keypads.
18. (18) Product--Electronic and information resources.
19. (19) Section 508 Standards--The technical standards established by Section 508 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. § 794d, 36 C.F.R. § 1194.1, established by the federal Architectural and Transportation Barriers Compliance Board (the "Access Board") that apply to EIR developed, procured, maintained, or used by the federal government, including computer hardware and software, websites, phone systems, and copiers. The Section 508 standards were issued to implement Section 508 of the federal Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794d, which requires access for both members of the public and federal employees to such technologies when developed, procured, maintained, or used by federal agencies.
20. (20) Self Contained, Closed Products--Products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar products.
21. (21) Technical Accessibility Standards and Specifications--Accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in Chapter 206 and/or Chapter 213 of this title.
22. (22) Telecommunications--As defined by Texas Government Code § 2054.003(14).
23. (23) Training/Technical Assistance--Training and technical assistance to comply with the accessibility standards.
24. (24) Voluntary Product Accessibility Template (VPAT)--A vendor-supplied industry template form used to document EIR compliance with technical accessibility standards and success criteria. A link to the standardized VPAT form is available at the department's website.
25. (25) World Wide Web Content Accessibility Guidelines--Internationally recognized set of technical standards designed to make web content and digital media accessible to people with disabilities.
26. (26) The terms referenced by Section 508 Appendices A and C and the DOJ Title II Rule shall have the meaning stated therein.

Source Note:The provisions of this §213.1 adopted to be effective April 27, 2006, 31 TexReg 3379; amended to be effective September 16, 2008, 33 TexReg 7744; amended to be effective September 18, 2014, 39 TexReg 7565; amended to be effective December 12, 2019, 44 TexReg 7679; amended to be effective June 16, 2026, 51 TexReg 3877.