| (a) Purpose. This section establishes annual reporting requirements
for electric utilities to report its progress and efforts to improve workforce
diversity and contracting opportunities for small and historically underutilized
businesses from its five-year plan filed pursuant to the Public Utility Regulatory
Act (PURA) §39.909(b).
(b) Application. This section applies to electric utilities,
as defined in PURA §31.002(6) and subject to the requirements of PURA §39.909(c),
doing business in the State of Texas.
(c) Terminology. In this section, "small business" and "historically
underutilized business" have the meanings assigned by Texas Government Code §481.191.
(d) Annual progress report of workforce and supplier contracting
diversity. An "Annual Progress Report on Five-Year Plan to Enhance Supplier
and Workforce Diversity" shall be filed annually with the commission. The
report shall be filed on or before December 30 of each year for the four prior
quarters ending on September 30 of the year the report is filed.
(e) Filing requirements. Four copies of the Annual Progress
Report on Five Year Plan to Enhance Supplier and Workforce Diversity shall
be filed with the commission's filing clerk under the project number assigned
by the Public Utility Commission's Central Records Office for that year's
filings. Electric utilities shall obtain the project number by contacting
Central Records. A copy of the annual report shall also be sent to the Governor,
the Lieutenant Governor, the Speaker of the House of Representatives, and
the African-American and Hispanic Caucus offices of the Texas Legislature.
(f) Contents of the report. The annual report filed with the
commission pursuant to this section may be filed using the Workforce and Supplier
Contracting Diversity form or an alternative format and shall contain at a
minimum the following information:
(1) An illustration of the diversity of the electric utility's
workforce at the time of the report. If the electric utility is required to
file an Equal Opportunity Report pursuant to §25.79 of this title (relating
to Equal Opportunity Reports), a copy of that document may be attached to
this report to satisfy the requirements of this paragraph.
(2) A description of the specific progress made under
the workforce diversity plan filed pursuant to PURA §39.909(b), including:
(A) the specific initiatives, programs, and activities undertaken
during the preceding year; and
(B) an assessment of the success of each of those initiatives,
programs, and activities.
(3) An explanation of the electric utility's level
of contracting with small and historically underutilized businesses.
(4) The extent to which the electric utility has carried
out its initiatives to facilitate opportunities for contracts or joint ventures
with small and historically underutilized businesses.
(5) A description of the initiatives, programs, and activities
the electric utility will pursue during the next year to increase the diversity
of its workforce and contracting opportunities for small and historically
underutilized businesses.
(g) This section may not be used to discriminate against any
citizen on the basis of race, nationality, color, religion, sex, or marital
status.
(h) This section does not create a new cause of action, either
public or private.
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