Jurisdiction
US-TX
Laws
2
Checked
2026-11-05
/ US state law

Texas: accessible technology for state agencies, and documentation from vendors

Texas requires its state agencies and public universities to use accessible electronic and information resources under rules set by the Department of Information Resources. The statute says plainly that it creates no cause of action.

/ The laws

What each statute says

Access to Electronic and Information Resources by Individuals with Disabilities

Tex. Gov. Code 2054.451 to 2054.465

Who it binds
State agencies in the executive, legislative and judicial branches, including university systems and institutions of higher education. Electronic and information resources include Internet websites.
What it requires
Agencies must give the public and employees with disabilities access comparable to others (2054.456, 2054.457) and, if the department requires, use resources that conform to its rules (2054.454). DIR must adopt rules on websites (2054.458) and consider 36 CFR part 1194 (2054.453).
Enforcement
Exception for significant difficulty or expense with an alternate method of access (2054.460). Section 2054.465: the subchapter does not create a cause of action. Added by H.B. 2819, effective September 1, 2005.

DIR rules on state websites and EIR accessibility

1 Tex. Admin. Code ch. 206 and ch. 213

Who it binds
State agencies and institutions of higher education.
What it requires
DIR states that both chapters align state accessibility standards with the federal Section 508 regulations; chapter 213 sets standards for procurement, development and use of EIR.
Enforcement
Compliance is reviewed in the biennial Information Resources Deployment Review reported to DIR. Exceptions for significant difficulty or expense must be approved by the head of the agency or institution.

Who it binds

Subchapter M of Government Code chapter 2054 applies to state agencies in all three branches, and the definition expressly includes university systems and institutions of higher education. Electronic and information resources are defined to include websites, kiosks, multimedia, telephones and office equipment. Cities, counties and private businesses are outside it; for them the federal ADA governs.

What it requires

Agencies must give members of the public with disabilities access to and use of electronic and information resources comparable to what others get, and the same for state employees, unless that imposes a significant difficulty or expense. In that case the agency may provide an alternate method of access. DIR adopts the detailed rules, considering the federal Section 508 standards, and has done so in 1 TAC chapters 206 and 213.

Each agency designates a digital accessibility officer or coordinator, documents any exception through the head of the agency, and reports compliance in the biennial Information Resources Deployment Review.

What vendors are asked for

DIR's procurement page states that DIR contracts require compliance with Government Code 2054, 1 TAC 206, 1 TAC 213 and WCAG 2.1 AA. Vendors must submit accessibility documentation with solicitation responses and again when agencies or universities ask for updated documentation, and buyers may use it in their evaluation. DIR lists WCAG and Section 508 VPAT templates as resources.

In practice that means a VPAT or Accessibility Conformance Report filled in from an actual test, kept current with each release.

How it sits with federal law

State law here adds to federal law; it does not replace it. Every city, county, school district and special district in Texas is bound by the federal Title II web rule, 28 CFR 35.200, which requires WCAG 2.1 Level AA on web content and mobile apps: from April 26, 2027 for public entities of 50,000 people or more, and from April 26, 2028 for smaller entities and special districts. State agencies are bound by the same rule at the earlier date.

Private businesses open to the public answer to ADA Title III. A private plaintiff can sue for an injunction and ask for attorney's fees; the Department of Justice can sue for damages and civil penalties. No federal regulation names a web standard for businesses, so audits use WCAG 2.1 or 2.2 Level AA as the working benchmark.

What to take from it

There is no state law claim for the public under this subchapter, so the pressure on agencies comes from audits, procurement and the federal Title II rule. For a vendor the practical cost of a weak or stale conformance report is losing the bid, not a lawsuit under state law.

/ Questions

Questions people ask

Can someone sue a Texas agency under Government Code 2054?
Not under that subchapter. Section 2054.465 says it does not create a cause of action. Federal law, including ADA Title II, is a separate matter.
What do Texas state contracts require for accessibility?
DIR says its contracts require compliance with Government Code 2054, 1 TAC 206, 1 TAC 213 and WCAG 2.1 AA, and that vendors must submit accessibility documentation with their responses.
Do Texas rules cover public universities?
Yes. The statute's definition of state agency includes university systems and institutions of higher education.
/ Sources

Where each statement comes from

Checked against the sources on .

This page explains the rules in general terms. It is not legal advice, and it does not tell you whether a rule applies to your organisation. For that, ask a lawyer who practises in the jurisdiction.