(a) Effective April 18, 2020, unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to §213.17 of this title, all new or changed web pages must comply with:
  (1) the standards referenced in US Section 508 Appendix C Chapter7 §702.10 (WCAG 2.0 Level AA excluding Guideline 1.2 Time Based Media):
    (A) Agencies shall consider the use of these standards for new websites or web applications prior to the effective date; or
    (B) may continue to use US Section 508 standards published in the Federal Register on December 21, 2000, subpart B §1194.22, paragraphs (a) through (p), excluding paragraphs (b) and (k) prior to the effective date;
  (2) the standards and specifications described in this section; and
  (3) the standards and specifications applicable to a state agency's accessibility policy described in §213.41 of this title.
(b) Based on a request for accommodation of a webcast of a live/real time open meeting (Open Meetings Act, Texas Government Code, Chapter 551) or training and informational video productions which support the institution of higher education's mission, each institution of higher education must consider captioning and alternative forms of accommodation for videos posted on state websites. Refer to §206.1 of this chapter for definitions for Alternate Formats and Alternate Methods.
(c) When compliance cannot be accomplished for an EIR, an alternative version of the page, form, application, document, or other EIR with equivalent information or functionality, must be provided to make a website comply with the provisions of this section. The alternative version must remain synchronized to the primary EIR and updated whenever the primary EIR changes.
(d) Effective September 1, 2006, unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to §213.37 of this title, all new or changed web page/site designs must be tested by the institution of higher education using one or more EIR accessibility validation tools, including but not limited to the use of automated methods, manual methods or assistive technologies to validate compliance with this chapter.
(e) An institution of higher education must establish an accessibility policy as described in §213.41 of this title which must include criteria for monitoring its website for compliance with the standards and specifications of this chapter.
(f) Institutions of higher education websites and web applications should be designed to support:
  (1) variations in internet connection speeds and emerging communications protocols and technologies; and
  (2) the ability to adapt content to end user devices such as mobile phone, tablets, or other devices which are available to the general public.
(g) The Department shall assist in consultation with ITCHE with establishing statewide agency website accessibility compliance goals for institutions of higher education, and track progress towards achieving those goals.

Source Note: The provisions of this §206.70 adopted to be effective March 7, 2012, 37 TexReg 1487; amended to be effective February 15, 2018, 43 TexReg 753