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.