|(a) In this section, "historically underutilized business"
has the same meaning as in Texas Government Code, §481.191, as it may
(b) Every electric utility shall report its use of historically
underutilized businesses (HUBs) to the commission on a form approved by the
commission. An electric utility may submit the report on paper, or on paper
and on a diskette (in Lotus 1-2-3 (*utility name.wk*) or Microsoft Excel (*utility
(1) Each electric utility shall on or before December 30 of
each year submit to the commission a comprehensive annual report detailing
its use of HUBs for the four quarters ending on September 30 of the year the
report is filed, using the Large Utilities HUB Report form.
(2) Each electric utility wishing to report indirect HUB
procurements or HUB procurements made by the contractor of the utility may
use the Supplemental HUB report form.
(3) Each electric utility shall submit a text description
of how it determined which of its vendors is a HUB.
(4) Each electric utility that has more than 1,000 customers
in a state other than Texas, or which purchases more than 10% of its goods
and services (other than fuel, purchased power, and wheeling) from vendors
not located in Texas, shall separately report by total and category all electric
utility purchases, all electric utility purchases from Texas vendors, and
all electric utility purchases from Texas HUB vendors. A vendor is considered
a Texas vendor if its physical location is situated within the boundaries
(5) Each electric utility shall also file any other documents
it believes appropriate to convey an accurate impression of its use of HUBs.
(c) This section may not be used to discriminate against any
citizen on the basis of race, nationality, color, religion, sex, or martial
(d) This section does not create a new cause of action, either
public or private.