Texas has a specific state EIR accessibility law: Government Code Chapter 2054, Subchapter M, implemented by 1 TAC Chapters 206 and 213 and administered by the Texas Department of Information Resources (DIR). It requires state agencies and public higher-education institutions to make electronic and information resources accessible to the WCAG 2.0 Level AA standard, aligned with Section 508. Enforcement is administrative and complaint/compliance-driven only: the statute carries no statutory damages or per-violation fines and, under Tex. Gov't Code Sec. 2054.465, expressly creates no cause of action, so there is no private right of action under state EIR law. An undue-burden-style exception (significant difficulty or expense) under Sec. 2054.460 allows alternate access methods, and covered public entities still face the federal ADA Title II WCAG 2.1 AA baseline (compliance Apr 26 2027 / Apr 26 2028).

What the law requires

• Responsible agency Texas Department of Information Resources (DIR) (dir.texas.gov/digital-accessibility) (opens in new tab)
• Adopted standard WCAG 2.0 Level AA, adopted via 1 TAC 206.70 (effective for websites) and 1 TAC Chapter 213, for ICT/EIR developed, procured, or modified on or after January 1, 2017. Texas standards are expressly aligned with Section 508 of the Rehabilitation Act of 1973.
• Who it covers State agencies and institutions of higher education (and their vendors/contractors providing EIR). The state EIR statute and TAC rules cover access by state employees and members of the public. Texas has no separate statewide digital-accessibility statute binding general-purpose local governments (cities/counties); local governments are covered by the federal ADA Title II baseline.
• Private right of action No. Texas Government Code Sec. 2054.465 expressly states: 'This subchapter does not create a cause of action.' Enforcement is administrative/internal: agencies self-certify and report; DIR oversees policy and accessibility reporting. (Separately, individuals retain federal remedies under ADA Title II / Section 504 against covered public entities, but not under the Texas EIR statute.)
• Statutory damages / penalties None - the Texas EIR accessibility statute carries no statutory damages or per-violation fines and creates no cause of action (Tex. Gov't Code Sec. 2054.465). Enforcement is compliance-driven through agency self-reporting and DIR oversight.
• Exemptions Significant difficulty or expense (undue-burden equivalent): under Tex. Gov't Code Sec. 2054.460 and 1 TAC 213.17, a state agency need not comply with a provision if compliance imposes a significant difficulty or expense, considering all agency resources available to the relevant program. In that case the agency must provide timely access by alternate methods (voice, fax, TTY, internet posting, captioning, text-to-speech, audio description). The agency executive director makes the final, non-appealable decision. Assistive technology and certain Section 508-style exceptions also apply.
• Governing authority Texas Government Code, Chapter 2054, Subchapter M (Sec. 2054.451-2054.465), 'Access to Electronic and Information Resources' (enacted 2005). Implementing rules: 1 Texas Administrative Code (TAC) Chapter 206 (state websites / EIR accessibility) and 1 TAC Chapter 213 (procurement and development of EIR). Federal ADA Title II (28 CFR Part 35) also applies as a baseline.
• Compliance deadline State EIR standard (WCAG 2.0 AA) applies to ICT developed, procured, or modified on or after January 1, 2017; website rule (1 TAC 206.70) effective April 18, 2020. Federal ADA Title II WCAG 2.1 AA dates also apply to covered public entities (Apr 26 2027 for larger entities / Apr 26 2028 for entities under 50,000 population and special district governments).

Official sources:
statutes.capitol.texas.gov/Docs/GV/htm/GV.2054.htm (opens in new tab)
texas.public.law/statutes/tex._gov't_code_section_2054.465 (opens in new tab)
texas.public.law/statutes/tex._gov't_code_section_2054.460 (opens in new tab)
dir.texas.gov/digital-accessibility/accessibility-roles-and-responsibilities/requirements-exceptions-and (opens in new tab)
dir.texas.gov/site-policies/eir-accessibility-policy (opens in new tab)
accessibility.hhs.texas.gov/policy_htm/ch1.htm (opens in new tab)
law.justia.com/codes/texas/government-code/title-10/subtitle-b/chapter-2054/subchapter-m/ (opens in new tab)

Not legal advice. Informational summary compiled from the official sources cited above, last verified 2026-06-08. Requirements change; confirm against the primary source before relying on it. Federal ADA Title II applies regardless of state law (WCAG 2.1 Level AA; compliance April 26, 2027 for entities of 50,000+ population, April 26, 2028 for smaller entities and special districts). See all states.