Bettencourt Bill Bars DEI Offices At Every Electric Provider

The text as introduced · 560 words

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.