1. (a) As of September 1, 2006, unless an exception is approved by the president or chancellor of the institution of higher education pursuant to §2054.460, Government Code, all electronic and information resources products developed or procured by a the institution of higher education 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 institution of higher education. The lack of the commercial availability of products, including computer software, and specific technologies that would impose a significant difficulty or expense on the institutions of higher education 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.

   1. (1) When compliance with the provisions of this subchapter imposes a significant difficulty or expense, institutions of higher education 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.
   2. (2) When procuring a product, if an institution of higher education determines that compliance with any provision of this subchapter imposes a significant difficulty or expense, the documentation by the institution of higher education supporting the procurement shall explain why, and to what extent, compliance with each such provision would impose a significant difficulty or expense.

2. (b) When procuring a product, each institution of higher education 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.

   1. (1) Institutions of higher education may use the Voluntary Product Accessibility Template (VPAT) to assess the availability of products in the commercial marketplace.
   2. (2) Institutions of higher education may use the Buy Accessible Wizard to assess compliance with the provisions of this subchapter.
3. (c) This subchapter applies to electronic and information resources developed, procured, maintained, or used by an institution of higher education directly or used 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.
4. (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 access to and use of a product for people with disabilities.

Source Note:The provisions of this §213.37 adopted to be effective April 27, 2006, 31 TexReg 3379.