| 1 | 1 | | 89R9864 ANG-D |
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| 2 | 2 | | By: Bettencourt, Creighton, King S.B. No. 2149 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the implementation of diversity, equity, and inclusion |
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| 10 | 10 | | initiatives by providers of electric service. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 31, Utilities Code, is amended by adding |
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| 13 | 13 | | Subchapter C to read as follows: |
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| 14 | 14 | | SUBCHAPTER C. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND |
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| 15 | 15 | | INCLUSION INITIATIVES |
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| 16 | 16 | | Sec. 31.101. DEFINITIONS. In this subchapter: |
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| 17 | 17 | | (1) "Diversity, equity, and inclusion office" means an |
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| 18 | 18 | | office, division, or other unit of an electric utility, municipally |
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| 19 | 19 | | owned utility, or retail electric provider established for the |
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| 20 | 20 | | purpose of: |
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| 21 | 21 | | (A) influencing hiring or employment practices |
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| 22 | 22 | | at the utility or provider with respect to race, sex, color, or |
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| 23 | 23 | | ethnicity, other than through the use of color-blind, race-neutral, |
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| 24 | 24 | | and sex-neutral hiring processes in accordance with any applicable |
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| 25 | 25 | | state and federal antidiscrimination laws; |
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| 26 | 26 | | (B) promoting differential treatment or |
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| 27 | 27 | | providing special benefits to individuals on the basis of race, |
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| 28 | 28 | | sex, color, or ethnicity; |
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| 29 | 29 | | (C) promoting policies or procedures designed or |
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| 30 | 30 | | implemented in reference to race, sex, color, or ethnicity, other |
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| 31 | 31 | | than policies or procedures: |
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| 32 | 32 | | (i) approved in writing by the attorney |
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| 33 | 33 | | general; and |
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| 34 | 34 | | (ii) implemented for the sole purpose of |
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| 35 | 35 | | ensuring compliance with any applicable court order or federal law; |
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| 36 | 36 | | or |
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| 37 | 37 | | (D) conducting trainings, programs, or |
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| 38 | 38 | | activities designed or implemented in reference to race, sex, |
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| 39 | 39 | | color, ethnicity, gender identity, or sexual orientation, other |
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| 40 | 40 | | than trainings, programs, or activities: |
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| 41 | 41 | | (i) developed by an attorney; |
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| 42 | 42 | | (ii) approved in writing by the attorney |
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| 43 | 43 | | general; and |
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| 44 | 44 | | (iii) conducted for the sole purpose of |
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| 45 | 45 | | ensuring compliance with any applicable court order or state or |
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| 46 | 46 | | federal law. |
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| 47 | 47 | | (2) "Electric utility" includes an electric |
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| 48 | 48 | | cooperative. |
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| 49 | 49 | | Sec. 31.102. RESPONSIBILITY OF ELECTRIC UTILITY, |
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| 50 | 50 | | MUNICIPALLY OWNED UTILITY, OR RETAIL ELECTRIC PROVIDER REGARDING |
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| 51 | 51 | | DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. An electric utility, |
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| 52 | 52 | | municipally owned utility, or retail electric provider shall ensure |
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| 53 | 53 | | that each unit of the utility or provider does not, except as |
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| 54 | 54 | | required by federal law: |
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| 55 | 55 | | (1) establish or maintain a diversity, equity, and |
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| 56 | 56 | | inclusion office; or |
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| 57 | 57 | | (2) hire or assign an employee of the utility or |
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| 58 | 58 | | provider or contract with a third party to perform the duties of a |
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| 59 | 59 | | diversity, equity, and inclusion office. |
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| 60 | 60 | | Sec. 31.103. COMPLAINT; ENFORCEMENT. (a) A person who has a |
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| 61 | 61 | | reasonable belief that an electric utility, municipally owned |
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| 62 | 62 | | utility, or retail electric provider is violating this subchapter |
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| 63 | 63 | | may file a complaint with the attorney general. |
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| 64 | 64 | | (b) If the attorney general determines that an electric |
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| 65 | 65 | | utility or retail electric provider named in a complaint received |
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| 66 | 66 | | under Subsection (a) is violating this subchapter, the attorney |
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| 67 | 67 | | general may bring an action to enjoin or require compliance with |
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| 68 | 68 | | this subchapter under Section 15.021. |
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| 69 | 69 | | (c) If the attorney general determines that a municipally |
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| 70 | 70 | | owned utility named in a complaint received under Subsection (a) is |
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| 71 | 71 | | violating this subchapter, the attorney general may file a petition |
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| 72 | 72 | | for a writ of mandamus to compel the municipally owned utility to |
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| 73 | 73 | | comply with this subchapter. |
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| 74 | 74 | | (d) A mandamus action under Subsection (c) must be filed in |
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| 75 | 75 | | the county in which the municipally owned utility is located. |
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| 76 | 76 | | SECTION 2. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2025. |
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