(a) In this section, “small business” and “historically underutilized business” have the meanings assigned by former Section 481.191, Government Code, as that section existed on January 1, 2015.
(b) Before January 1, 2000, each electric utility shall develop and submit to the commission a comprehensive five-year plan to enhance diversity of its workforce in all occupational categories and to increase contracting opportunities for small and historically underutilized businesses. The plan must consist of:
(1) the electric utility’s historical and current performance with regard to workforce diversity and contracting with small and historically underutilized businesses;
(2) initiatives that the electric utility will pursue in these areas over the period of the plan;
(3) a listing of programs and activities the electric utility will undertake to achieve each of those initiatives; and
(4) a listing of the business partnership initiatives the electric utility will undertake to facilitate small and historically underutilized business entry into the electric energy market as generators and retail energy providers taking into account opportunities for contracting and joint ventures.

Terms Used In Texas Utilities Code 39.909

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(c) Each electric utility shall submit an annual report to the commission and the legislature relating to its efforts to improve workforce diversity and contracting opportunities for small and historically underutilized businesses. The report must be submitted on October 1 of each year or may be included as part of any other annual report submitted by the electric utility to the commission. The report must include:
(1) the diversity of the electric utility’s workforce as of the time of the report;
(2) the electric utility’s level of contracting with small and historically underutilized businesses;
(3) the specific progress made under the plan under Subsection (b);
(4) the specific initiatives, programs, and activities undertaken under the plan during the preceding year;
(5) an assessment of the success of each of those initiatives, programs, and activities;
(6) 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; and
(7) 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.