Texas Accessibility Standards (TAS) and Texas Government Code Chapter 2054

Plain English Summary

Texas takes a multi-pronged approach to accessibility, with specific standards for both the built environment and digital content. The Texas Accessibility Standards (TAS) govern physical accessibility for buildings and facilities, while Chapter 2054 of the Texas Government Code addresses web and electronic information accessibility for state government entities.

Texas was one of the first states to establish web accessibility requirements for government websites, predating the federal government's 2024 Title II rule by nearly two decades. Under Texas law, state agencies and institutions of higher education must ensure that their websites and electronic information resources comply with accessibility standards published by the Texas Department of Information Resources (DIR).

For private businesses, Texas relies primarily on the federal ADA for web accessibility obligations, but the state's physical accessibility standards (TAS) are independently enforced and may include requirements that differ from or exceed the federal ADA Standards in certain areas. Texas also has the Texas Commission on Human Rights Act (now part of the Texas Labor Code), which provides state-level disability discrimination protections.

Who This Applies To

Texas Accessibility Standards (Physical)

• All buildings and facilities constructed or altered in Texas
• Both public and private buildings
• Commercial and residential properties
• Government buildings at all levels
• Any building that requires a permit from a Texas municipality or county

Web Accessibility (Chapter 2054)

Directly Covered:

• Texas state agencies
• Institutions of higher education in Texas
• State-funded entities that develop or procure electronic and information resources

Indirectly Affected:

• Vendors and contractors who provide technology products and services to Texas state agencies
• Third-party platforms used by state agencies for public-facing services
• Developers building websites and applications for Texas government entities

Texas Commission on Human Rights Act

• Employers with 15 or more employees in Texas
• Places of public accommodation (interpreted in conformity with the federal ADA)
• Housing providers

Key Requirements

Texas Accessibility Standards (Physical)

TAS provides detailed technical requirements for the built environment:

• Based on the ADA/ABA Accessibility Guidelines with Texas-specific amendments
• Administered by the Texas Department of Licensing and Regulation (TDLR)
• Covers accessible routes, entrances, parking, restrooms, signage, and all elements of building accessibility
• Licensed accessibility specialists must review construction plans and inspect completed projects
• Texas requires registration of accessibility specialists who perform plan reviews and inspections

Key Texas-specific provisions:

• Mandatory plan review by a registered accessibility specialist before construction
• Inspection of completed work for compliance
• TDLR enforcement of violations
• Specific provisions for certain Texas building types (e.g., requirements related to Texas climate and geography)

Web Accessibility Requirements

Chapter 2054 and DIR rules require Texas state agencies to:

• Ensure websites and web applications comply with accessibility standards
• DIR has published guidelines referencing WCAG 2.0 Level AA as the baseline (with ongoing updates)
• Conduct regular accessibility testing of state websites
• Provide accessibility training to web content creators and developers
• Include accessibility requirements in technology procurement
• Report on accessibility compliance to DIR

Specific requirements include:

• All web pages must be accessible to people using assistive technologies
• Multimedia content must include captions and audio descriptions
• Electronic documents must be in accessible formats
• Online forms must be usable with assistive technologies
• Emergency information must be accessible

Employment Protections

The Texas Commission on Human Rights Act (Texas Labor Code, Chapter 21):

• Prohibits employment discrimination on the basis of disability
• Requires reasonable accommodation for employees with disabilities
• Generally follows federal ADA Title I interpretations
• Filed with the Texas Workforce Commission Civil Rights Division

Enforcement and Penalties

TAS Enforcement (Physical)

• TDLR enforcement: The Texas Department of Licensing and Regulation investigates complaints and conducts inspections
• Administrative penalties: Fines for violations of TAS, including for building owners and accessibility specialists who fail to comply
• Remediation orders: TDLR can require modification of noncompliant facilities
• Licensing consequences: Registered accessibility specialists who fail to properly review plans or inspect buildings face licensing actions
• Private lawsuits: Individuals can bring ADA claims in federal court and may have state law claims as well

Web Accessibility Enforcement

• DIR oversight: The Department of Information Resources monitors state agency compliance with web accessibility requirements
• Reporting requirements: State agencies must report their accessibility status to DIR
• No direct private cause of action: Texas web accessibility law applies to state agencies and does not create a separate private right of action for web accessibility against private businesses
• Federal ADA claims: Individuals can file federal ADA complaints against state agencies for inaccessible websites under Title II, and the 2024 Title II rule now applies

Employment Discrimination

• Texas Workforce Commission: Investigates and resolves employment discrimination complaints
• Filing deadline: Complaints must be filed within 180 days of the alleged discrimination
• Available remedies: Compensatory damages, back pay, reinstatement, attorneys' fees
• Coordination with EEOC: Texas is a deferral state, meaning EEOC complaints are shared with the state agency

Practical Implications

For Texas State Agencies

• Align with the federal Title II rule. The 2024 Title II rule's WCAG 2.1 AA requirement applies to Texas state and local governments. Agencies should update from WCAG 2.0 to WCAG 2.1 AA if they have not already done so.
• Leverage DIR resources. The Texas DIR provides guidance, training materials, and best practices for state agency web accessibility.
• Include accessibility in procurement. Texas procurement processes should include accessibility requirements in all technology solicitations, following the DIR guidelines.
• Train content creators. Every state employee who publishes web content, documents, or social media posts should receive accessibility training.

For Private Businesses in Texas

• Federal ADA is the primary web accessibility law. Texas does not have a state law equivalent to California's Unruh Act that creates additional web accessibility liability for private businesses.
• Physical accessibility is actively enforced. TAS compliance is taken seriously in Texas, with mandatory plan reviews and inspections by licensed accessibility specialists. Do not assume federal ADA compliance automatically means TAS compliance.
• The litigation risk is lower but not zero. While Texas sees fewer web accessibility lawsuits than California or New York, federal ADA Title III claims can still be filed against Texas businesses.

For Developers and Architects

• Understand the TAS review process. Texas requires accessibility plan reviews by registered specialists before construction and inspections after completion. Build this into your project timeline.
• Web projects for state agencies must meet DIR standards. If you are building websites or applications for Texas government entities, familiarize yourself with the DIR's accessibility requirements.
• WCAG 2.1 AA is the target. Whether working on state agency projects (where it is legally required) or private sector projects (where it is the practical standard), WCAG 2.1 AA should be the benchmark.

For People with Disabilities

• State agency websites should be accessible. If a Texas state agency or university website is not accessible, you can file a complaint with DIR or pursue a federal ADA Title II complaint with the DOJ.
• Physical accessibility complaints can be filed with TDLR for TAS violations or with the DOJ for ADA violations.
• Employment discrimination complaints can be filed with the Texas Workforce Commission Civil Rights Division.

Key Dates and Deadlines

| Date | Event | |------|-------| | 1994 | Texas Accessibility Standards (TAS) adopted | | September 1, 2006 | Texas web accessibility requirements for state agencies take effect | | 2012 | TAS updated to align with 2010 ADA Standards | | April 24, 2024 | Federal Title II web accessibility rule published (applies to Texas state and local governments) | | April 24, 2026 | Federal Title II web compliance deadline for large Texas government entities | | April 26, 2027 | Federal Title II web compliance deadline for small Texas government entities |

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This content is provided for educational and informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Laws and regulations are subject to change, and this information may not reflect the most current legal developments.