Texas ADA Website Compliance 2026: DOJ Settlements & 5,868 Entities Face Deadline

In October 2025, the Department of Justice announced settlement agreements with multiple Texas counties over election website accessibility. This marked a significant escalation of federal enforcement in Texas and signals what is coming for government entities statewide.

What Happened:

DOJ investigations found that certain Texas county election websites failed to meet ADA Title II requirements, preventing voters with disabilities from accessing critical election information including:
• Voter registration information
• Polling location details
• Sample ballots
• Election results
• Absentee ballot request forms

Settlement Requirements:

Affected counties agreed to:
• Achieve full WCAG 2.1 Level AA compliance within 18 months
• Provide accessible versions of all election documents
• Train staff on accessibility requirements
• Submit to DOJ monitoring for compliance verification
• Pay civil penalties (amounts varied by county)

Why This Matters for ALL Texas Entities:

1. DOJ is actively investigating Texas: These settlements prove Texas is on the federal radar 2. Election websites are priority: But ALL government services must comply 3. Proactive compliance is cheaper: Settlement costs plus monitoring exceed proactive remediation 4. Deadline enforcement is real: DOJ will enforce April 2026 deadline

The Texas Government Code Connection:

Texas Government Code Chapter 2054 already requires state agencies to ensure accessibility. The federal Title II rule now extends this requirement explicitly to ALL state and local government web content with specific technical standards (WCAG 2.1 AA).

For complete Texas legal requirements, see the Texas state compliance guide.

Texas experienced 224 ADA website accessibility lawsuits in 2024, ranking behind only New York, Florida, and California. Through mid-2025, the pace continued with 116 additional filings.

Texas 2024-2025 Breakdown:

• 2024 total lawsuits: 224 (4th nationally)
• H1 2025 lawsuits: 116 (on pace for 230+ full year)
• Average settlement: $52,000
• Highest documented settlement: Harris County $89,000
• Government entity cases: ~18% of total

Settlement Case Studies:

• Harris County (2024): $89,000 - Portal accessibility, PDFs
• Dallas County (2024): $81,000 - Online services, forms
• Austin ISD (2023): $72,000 - Parent portal, documents
• Bexar County (2024): $67,000 - Court system access
• Fort Worth (2023): $58,000 - Payment systems

Geographic Concentration:

Approximately 70% of Texas ADA lawsuits concentrate in four metropolitan areas:
• Houston metro (Harris, Fort Bend, Montgomery counties): 35%
• Dallas-Fort Worth metro: 20%
• Austin metro: 10%
• San Antonio metro: 5%

Industry Targeting:

While e-commerce dominates nationally (69%), Texas sees higher government entity targeting:
• E-commerce/retail: 58%
• Government entities: 18% (above national 14%)
• Healthcare: 12%
• Education: 8%
• Other: 4%

The elevated government targeting in Texas reflects both the large number of entities and the state's significant population of residents with disabilities (3.8 million Texans, largest in US).

Texas has more government entities than any other state, creating the nation's largest compliance challenge:

April 24, 2026 Deadline (Population 50,000+):

• State agencies: All Texas state agencies (IMMEDIATE)
• Large counties: Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, Fort Bend, Hidalgo, El Paso, Williamson, Montgomery, Nueces, Cameron, Bell (15 counties)
• Large cities: Houston, San Antonio, Dallas, Austin, Fort Worth, El Paso, Arlington, Corpus Christi, Plano, Laredo, Lubbock, Garland, Irving, Amarillo, Grand Prairie, McKinney, Frisco (40+ cities)
• Large school districts: Houston ISD, Dallas ISD, Cypress-Fairbanks ISD, Northside ISD, Austin ISD, Fort Worth ISD, and 100+ districts
• University systems: UT System, Texas A&M System, Texas State, UNT, Texas Tech, all community colleges

April 26, 2027 Deadline (Population under 50,000):

• Remaining 239 counties
• 1,170+ smaller cities and towns
• 1,000+ smaller school districts
• Rural special districts

Special Districts (Often Overlooked):

Texas has 3,200 special districts that must comply:
• Water districts
• Hospital districts
• Emergency services districts
• Municipal utility districts (MUDs)
• Community college districts
• Transit authorities

Many special districts operate websites but have never considered accessibility compliance. These entities face significant catch-up requirements.

Texas government entities face dual compliance obligations under both state and federal law:

Texas Government Code Chapter 2054:

Section 2054.451-2054.463 establishes accessibility requirements for state agencies:
• State websites must be accessible to individuals with disabilities
• Applies to all state agencies, boards, and commissions
• Department of Information Resources (DIR) provides guidance
• Procurement must consider accessibility

Federal ADA Title II (April 2024 Final Rule):

The DOJ's Title II final rule now applies to ALL state and local governments:
• Explicit WCAG 2.1 Level AA requirement
• Applies to websites, mobile apps, and digital documents
• Deadline: April 24, 2026 (50,000+ population)
• Includes third-party content and vendor systems

Fifth Circuit Considerations:

Texas falls within the Fifth Circuit Court of Appeals. Key considerations:
• Fifth Circuit has been generally defendant-friendly on standing issues
• However, government entities have clearer ADA obligations than private businesses
• Title II claims against government entities face fewer standing hurdles
• DOJ enforcement not subject to same standing limitations as private plaintiffs

Private Lawsuit Risk:

Unlike California's Unruh Act (which provides $4,000+ statutory damages), Texas does not have enhanced state damages for accessibility violations. However:
• Federal ADA still applies
• Plaintiffs can recover attorney fees
• Injunctive relief is available
• Settlements still average $52,000 due to defense costs

Government Entity Advantages:

Texas government entities may have some advantages:
• Sovereign immunity limits some damage claims
• But Title II waives immunity for injunctive relief
• Good faith efforts are considered in remedies
• Proactive compliance demonstrates responsibility

With the April 2026 deadline approaching and active DOJ enforcement in Texas, entities must act immediately:

PHASE 1: Assessment (Weeks 1-4)

Step 1: Inventory All Digital Properties
• Main website and all subdomains
• Department and agency microsites
• Online portals (payments, permits, records)
• Mobile applications
• PDF document libraries
• Third-party embedded content

Step 2: Conduct Accessibility Audit
• Run automated scan using our free scanner
• Identify WCAG 2.1 Level AA violations
• Prioritize by severity and user impact
• Document baseline state for good faith evidence

Step 3: Calculate Remediation Budget
• Website fixes: $40,000-$150,000 (size-dependent)
• PDF remediation: $15,000-$75,000 (volume-dependent)
• Ongoing monitoring: $10,000-$25,000 annually
• Staff training: $5,000-$15,000
• Compare to lawsuit cost: $52,000 average settlement + $50,000+ legal fees

PHASE 2: Remediation (Months 2-12)

Priority 1: High-Traffic Services
• Payment systems (property tax, utilities, fees)
• Permit and license applications
• Court and legal services
• Voter and election information
• Emergency services information

Priority 2: Critical Documents
• Remediate high-traffic PDFs first
• Establish accessible document creation process
• Train staff on accessible Word/PDF creation
• Create remediation backlog plan

Priority 3: Comprehensive Fixes
• Address all WCAG 2.1 AA violations
• Fix keyboard navigation issues
• Add alt text to images
• Ensure form accessibility
• Verify color contrast

PHASE 3: Sustainability (Ongoing)

• Establish accessibility governance policy
• Train all content creators
• Require accessibility in procurement
• Conduct quarterly monitoring scans
• Document all efforts for good faith defense

Analysis of Texas ADA lawsuits reveals consistent violation patterns:

Most Cited Violations:

1. PDF Accessibility (cited in 89% of government cases) • Image-only PDFs without text layer • Missing document structure tags • Inaccessible forms within PDFs • Budget documents, meeting minutes, reports

2. Form Accessibility (cited in 64% of cases) • Missing form field labels • Error messages not associated with fields • Required field indicators not accessible • Payment and application systems

3. Missing Alt Text (cited in 58% of cases) • Images without descriptions • Charts and graphs without text alternatives • Icons used without labels

4. Keyboard Navigation (cited in 47% of cases) • Functionality requiring mouse • Focus indicators not visible • Keyboard traps in menus

5. Color Contrast (cited in 41% of cases) • Text difficult to read • Links not distinguishable • Form field boundaries unclear

6. Video Accessibility (cited in 33% of cases) • Missing captions • No audio descriptions • Auto-playing media

Texas-Specific Patterns:

• Election and voter information frequently cited
• Property tax payment systems common target
• Court and legal document accessibility
• School district parent portals
• Emergency management information during storms