March 11, 2019
MONDAY MORNING MESSENGER
In Brief
In this issue of the Monday Morning Messenger , please see an update on the alternative fuel tax credit that expired on December 31, 2017. 

Also, last week, was the deadline to file legislation for 86th Texas Legislative Session, literally, 1,000's of bills were introduced in the final days of the filing period that TPGA is combing through and analyzing. We highlight a few pieces of legislation in this issue and will trickle others in, in following editions.

More ELD legislation was filed in Texas read more about it below.

More in enforcement news, a hearing was held in the Texas Legislature on expanding commercial motor vehicle enforcement to more local jurisdictions.

Also, several agencies are under Sunset this year, see where some regulatory oversight and duties might transfer to.
In this issue
  • In Brief
  • Top Story/Tax News
  • Under the Dome
  • Enforcement News
  • State Agency News
March 10-12 2019
NPGA Technical Standards & Safety Committee Meeting
Oklahoma City, OK

March 13, 2019
PERC WEBINAR
Propane Tankless Water Heating in Commercial Building Applications
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Top Story
U.S. Senate Files Tax Extender Legislation
On February 28, 2019, U.S. Senate Finance Committee Chairman, Senator Chuck Grassley and Ranking Member Senator Ron Wyden introduced bipartisan Senate legislation, the Tax Extender & Disaster Relief Act of 2019, to retroactively extend tax provisions that expired at the end of 2017.

“Congress needs to get out of this bad habit of regular retroactive extensions of these tax provisions. The whole point of these federal tax incentives is to encourage certain behaviors, especially investments in alternative energies, energy efficiency and transportation. The best way to do that is ahead of time, not retroactively,” Senator Grassley said regarding the credits.

The U.S. Senate Bill would retroactively extend the $0.50-per-gallon excise tax credit for alternative including propane for 2018 as well as extends the credit into 2019.

Additionally, it would do the same for the tax credit for alternative fuel vehicle refueling property. The provision extends through 2019 a credit for the installation of alternative fuel vehicle refueling property placed in service before 2020 Available for property that dispenses alternative fuels including propane; the credit is capped at $30,000 per business property.

Also, last week, NPGA reported to TPGA that the U.S. House Ways & Means Committee gave notice of their intent to hold a hearing this week to discuss tax extenders. 

In correspondence to TPGA, NPGA reported the senate bill and congressional hearing are a positive step in addressing tax extenders as a whole while also extending the alt fuel tax credit. The bill & hearing are also an indication of bipartisan support across Congress. 
Under the Dome
Proposed State Funding Measure Might Prohibit
Texas ELD Enforcement
Senator Pat Fallon of Prosper, TX filed a Texas senate bill last week that states state funds may not be used to implement or enforce the federal electronic logging device requirements of 49 C.F.R. Part 395 or state rules adopted to implement those requirements.

While ELD's are currently required for interstate drivers who drive more than 100 air miles, Texas Department of Public Safety has rules set to go into effect this December 2019 for intrastate drivers who drive more than 150 air miles. The legislation (if passed) would ultimately hinder enforcement of both the federal and state regulation by state enforcement officials.

TPGA also previously reported on somewhat similar legislation filed in the house earlier this session that would not allow the State of Texas to require ELD's or any type of logging device on intrastate commercial vehicles.
Regulatory Spotlight
State Hearing on
Texas Commercial Vehicle Enforcement Held
Every session several bills are filed slightly expanding the local law enforcement jurisdictions region by region that are allowed to do commercial motor vehicle enforcement. Last week, the Texas House Transportation Committee heard several bipartisan bills on the matter.

Local law enforcement jurisdictions like in the Permian Basin and border communities petitioning for rights to enforce, say there aren't enough state enforcement officials to get bad actors off roads.

Currently, statewide, the Texas Department of Public Safety reports that it has 400 CMV enforcement officers as well as 200 Texas highway patrol trained in commercial motor vehicle (CMV) enforcement and 63 authorized local jurisdictions with 240 officers trained to do CMV enforcement. 

If the local law enforcement jurisdictions named in 8 of these bills get approved, it would only pertain to them individually and is not a blanket approval for all local law enforcement authorities across the state. Those local law enforcement jurisdictions and officers would be required to go 6 weeks of training on commercial motor vehicle enforcement.
State Agency News
State Agency Shuffle
Several bills have been filed to transfer the duties of Texas state agencies to fellow state agencies to increase efficiencies.

There was legislation introduced to transfer motor fuel weight & measures from the Texas Department of Agriculture to the Texas Department of Licensing & Regulation.

Additionally, there is legislation filed to move plumbing regulation from Texas Plumbing Examiners Board also to the Texas Department of Licensing & Regulation.

There is legislation to transfer drivers licensing including CDL's from Texas Department of Public Safety to Texas Department of Motor Vehicles.

It's still too soon to tell if these changes will have any momentum. Legislative session does not end until May 27, 2019.