89R9864 ANG-D
By: Bettencourt, Creighton, King S.B. No. 2149
A BILL TO BE ENTITLED
AN ACT
relating to the implementation of diversity, equity, and inclusion
initiatives by providers of electric service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 31, Utilities Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND
INCLUSION INITIATIVES
Sec. 31.101. DEFINITIONS. In this subchapter:
(1) "Diversity, equity, and inclusion office" means an
office, division, or other unit of an electric utility, municipally
owned utility, or retail electric provider established for the
purpose of:
(A) influencing hiring or employment practices
at the utility or provider with respect to race, sex, color, or
ethnicity, other than through the use of color-blind, race-neutral,
and sex-neutral hiring processes in accordance with any applicable
state and federal antidiscrimination laws;
(B) promoting differential treatment or
providing special benefits to individuals on the basis of race,
sex, color, or ethnicity;
(C) promoting policies or procedures designed or
implemented in reference to race, sex, color, or ethnicity, other
than policies or procedures:
(i) approved in writing by the attorney
general; and
(ii) implemented for the sole purpose of
ensuring compliance with any applicable court order or federal law;
or
(D) conducting trainings, programs, or
activities designed or implemented in reference to race, sex,
color, ethnicity, gender identity, or sexual orientation, other
than trainings, programs, or activities:
(i) developed by an attorney;
(ii) approved in writing by the attorney
general; and
(iii) conducted for the sole purpose of
ensuring compliance with any applicable court order or state or
federal law.
(2) "Electric utility" includes an electric
cooperative.
Sec. 31.102. RESPONSIBILITY OF ELECTRIC UTILITY,
MUNICIPALLY OWNED UTILITY, OR RETAIL ELECTRIC PROVIDER REGARDING
DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. An electric utility,
municipally owned utility, or retail electric provider shall ensure
that each unit of the utility or provider does not, except as
required by federal law:
(1) establish or maintain a diversity, equity, and
inclusion office; or
(2) hire or assign an employee of the utility or
provider or contract with a third party to perform the duties of a
diversity, equity, and inclusion office.
Sec. 31.103. COMPLAINT; ENFORCEMENT. (a) A person who has a
reasonable belief that an electric utility, municipally owned
utility, or retail electric provider is violating this subchapter
may file a complaint with the attorney general.
(b) If the attorney general determines that an electric
utility or retail electric provider named in a complaint received
under Subsection (a) is violating this subchapter, the attorney
general may bring an action to enjoin or require compliance with
this subchapter under Section 15.021.
(c) If the attorney general determines that a municipally
owned utility named in a complaint received under Subsection (a) is
violating this subchapter, the attorney general may file a petition
for a writ of mandamus to compel the municipally owned utility to
comply with this subchapter.
(d) A mandamus action under Subsection (c) must be filed in
the county in which the municipally owned utility is located.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.