Floor Packet Page No. 65
      Amend CSSB 7 in Subchapter Z, Chapter 39, Utilities Code, as
added by SECTION 40 of the bill (page 153, between lines 16 and
17), by adding a new Section 39.909 to read as follows:
      Sec.  39.909.  PLAN AND REPORT OF WORKFORCE DIVERSITY AND
OTHER BUSINESS PRACTICES.  (a) In this section, "small business"
and "historically underutilized business" have the meanings
assigned by Section 481.191, Government Code.
      (b) Before January 1, 2000, each electric utility and
electric cooperative shall develop and submit to the commission a
comprehensive seven-year plan to enhance diversity of its workforce
in all occupational categories and for increasing contracting
opportunities for small and historically underutilized businesses.
The plan must consist of:
            (1) the electric utility's or electric cooperative's
historical and current performance with regard to workforce
diversity and contracting with small and historically underutilized
businesses;
            (2) specific goals that the electric utility or
electric cooperative will pursue in these areas over the period of
the plan;
            (3) specific programs, strategies, and activities the
electric utility or electric cooperative will undertake to achieve
each of those goals; and
            (4) the business partnership initiatives the electric
utility or electric cooperative will undertake to facilitate small
and historically underutilized business entry into the electric
energy market as generators and retail energy providers.
      (c) The commission by rule shall establish a comprehensive
set of incentives to facilitate small and historically
underutilized business entry into the electric energy market as
generators and retail energy providers.
      (d) Each electric utility and electric cooperative 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 by the electric utility
or electric cooperative to the commission.  The report must
include:
            (1) the diversity of the electric utility's or electric
cooperative's workforce as of the time of the report;
            (2) the electric utility's or electric cooperative's
level of contracting with small and historically underutilized
businesses;
            (3) the specific progress made under the plan under
Subsection (b);
            (4) the specific strategies, programs, and activities
undertaken under the plan during the preceding year;
            (5) an assessment of the success of each of those
strategies, programs, and activities;
            (6) the extent to which the electric utility or
electric cooperative has carried out its functions through
contracts or joint ventures with unaffiliated private entities,
including small and historically underutilized businesses; and
            (7) the specific goals, strategies, programs, and
activities the electric utility or electric cooperative will pursue
during the next year to increase the diversity of its workforce and
contracting opportunities for small and historically underutilized
businesses.
      (e) This section applies to a retail electric provider on
certification.  The retail electric provider shall submit a plan
under Subsection (b) before the first anniversary of the date of
certification and submit annual reports after submission of the
plan as provided by Subsection (d).