Your Guide To ADA Compliance In Texas

Like many other states, web accessibility is an issue in Texas.

Texas has its own statute in place in addition to the ADA. Chapter 121 of the Texas Human Resources Code covers the protection of the rights of disabled people.

If you own a website or sell to Texas residents, it’s essential to ensure that your website is accessible to everyone. To do this, you have to follow the WCAG guidelines at level 2.2.

While you can make the necessary changes to your website manually, there are tools available that can make this process easier, including UserWay and accessiBe, but more on that later. 

Recommended Tools for Accessibility Compliance in Texas

Before we get into some specific steps that you can take to comply with online accessibility requirements, let’s look at some tools that you can use during this process.

How You Can Achieve ADA Compliance in Texas?

Every state agency in Texas, along with its contracted developers working on applications and websites, is obligated to adhere to accessibility regulations. Before delving into particular tips for ensuring compliance, let’s explore some tools that can simplify the compliance procedure.

1. UserWay

For businesses looking for an automated accessibility solution, UserWay is a top choice. This AI-powered tool helps businesses in Massachusetts comply with Section 508, ADA Title II, and WCAG 2.2 guidelines. Once installed, website visitors will also have access to an accessibility panel that makes it possible for website visitors to customize their online experience according to their needs.  

2. accessiBe

From its quick installation to the intuitive AI interface, accessiBe is another top pick for businesses that want to comply with WCAG, ADA, and Section 508 requirements. Even though accessiBe is affordable, to begin with, new users can take advantage of a 7-day free trial to experience the tool’s capabilities. Packages also include an accessibility statement and certification as well as litigation support. 

Texas takes website accessibility seriously and makes an effort to aid government agencies, educational institutions, and other private businesses with the process.

The Department of Information Resources has developed a useful guide containing all the resources that entities need to make their websites compliant.

For example, the DIR provides tools for website development such as aDesigner, Webaim.org, and the ​​​US Web Design Standards V2.0 ​. There are also resources for forms, HTML, and multimedia.

Aside from these, there are other ways to attain accessibility. These include the following:

Design Alterations

Modifying your website’s design is one of the easiest ways to achieve ADA compliance. For instance, non-text content, like images and videos, should have alternative text and captions.

Users should also be able to adjust font sizes, and CTA buttons should have large font sizes to make them easier to interact with.

Content Moderation

Your website can be more accessible if you provide users with content moderation functionality. For example, your site can provide 24/7 assistance to users.

The site should also provide suggestions for when users receive input errors, ensuring they can complete forms more thoroughly.

Color Contrast Adjustments

Aside from text, you should also consider that color and contrast affect your website’s accessibility. Web accessibility guidelines recommend a color contrast ratio of at least 4.5:1 for normal text and 3:1 for large text.

We also don’t recommend using thin fonts or Java or CSS features to change your site’s contrast. Additionally, keep in mind that color contrast is crucial when it comes to CTA buttons.

Alt Tags and Captions

All the images on your site should include alternative text, ensuring screen readers are able to describe the images to users with visual impairements. Video captions are also recommended as they can help users with hearing impairements understand and interact with your content.

Status of ADA Compliance Lawsuits in Texas

The legal battle against ADA non-compliance has taken an especially sharp turn in Texas.

There has been a noticeable increase in ADA accessibility lawsuits, enforcement actions, and demand letters targeting Texas businesses over the past few years.

Recent statistics on web accessibility lawsuits in Texas reveal a notable increase in legal actions (1). In 2023, there were 4,605 web accessibility lawsuits filed nationwide, marking a 42% increase from 2022. This trend has continued into 2024, with thousands more lawsuits already filed in the first half of the year​

Current Accessibility Laws in Texas

Website accessibility is mandatory in Texas, and different laws and statutes cover this aspect. For instance, Texas has adopted federal accessibility policies.

According to the Texas Administrative Code, websites must comply with the Federal Government’s Section 508 of 2016. Additionally, the state also requires websites to follow WCAG guidelines.

Briefly, Section 508 requires several accessibility standards, including:

• Provision of alternative text, long desc, or in-element content;
• All website information conveyed with color should also be available without color.
• Users should be able to quickly and easily identify and navigate through frames.

On the other hand, the WCAG consists of about 13 guidelines that websites should adhere to. These guidelines are based on four principles, which are operable, perceivable, understandable, and robust (1).

Websites can achieve one of three WCAG certification levels: A, AA, and AAA.

Texas also emphasizes that government agencies and educational institutes more than any other industry or business should follow accessibility guidelines. For this reason, the Texas administrative code (TAC) has sections 206.70, 213.21, and 213.41, all related to website accessibility.

Section 206.70.

Section 206.70 (2) of the TAC was implemented in April 2020. This requires higher education websites and web applications to comply with WCAG 2.0 level AA (excluding guideline 1.2).

Sections 213.21 and 213.41

Sections 213.21 and 213.41 both provide accessibility guidelines for websites. The only difference is where they’re concerned.

Section 213.21 is for state agencies, while section 213.41 is for higher educational institutions. Both sections require these entities to publish their accessibility policies.

These policies should comply with the standards and specifications of the TAC chapter 213, including their web accessibility statement.

Additionally, these sections require agencies and institutions to assign an EIR accessibility coordinator to facilitate EIR accessibility compliance.

Most of these sites also have an accessibility officer you can contact if you have issues accessing the website.

It also states that higher education institutions must provide captioning and alternative forms of accommodation for videos.

Additionally, it requires alternative content that complies with the same section if higher education institutions can’t meet EIR compliance. Higher educational institutions are also mandated to check for EIR accessibility through EIR validation tools (3).

To Sum Up!

This discussion shows that the overall scenario of ADA compliance in Texas is not as bad as in other states like California and New York.

There was a rise in lawsuits from 2018 to 2019, but it slowed down in 2020. This doesn’t mean you aren’t at risk of ADA lawsuits though. In 2023, the Department of Justice (DoJ) found that four Texas counties violated Title II of the Americans with Disabilities Act by operating election websites that failed to meet federal benchmarks for web accessibility.

Aside from that, making modifications to your website makes it accessible to everyone and it broadens your customer base.

Start by getting a comprehensive accessibility audit of your website at Accessibility Checker.

If you found this article helpful, you can also read our articles on website ADA compliance.

• All You Need To Know About Website ADA Compliance In Florida
• Is Web Accessibility A Legal Requirement?