Text of TX SB 2149 (2025)

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.