May 6, 2019
MONDAY MORNING MESSENGER
In Brief

Deadlines, Events & Regulations
Happy Small Business Week!

In this issue of the Monday Morning Messenger , SAVE the date, the Texas Propane Gas Association is celebrating its 75th Anniversary and we want you to join us . Find out more about the celebration in our Top Story of the day.

Also, there is less than 30 days left of the Legislative Session. Check out our second story of the morning for newly highlighted legislation that TPGA recently testified on.

Also, there are a lot of federal regulatory changes from U.S. DOT coming down the pike for 2020. TPGA highlights one of these upcoming changes that will affect members with drivers as well as highlights in the existing regulation, in our third and last stories of the morning.

Don't forget to check out our calendar to the right. TPGA is looking at ways we can help save our members money. Help us, help you. Today is the last day to complete our tire survey. Complete the survey now.

Also, PERC will be hosting a webinar later this afternoon called Creating Content That Motivates & Resonates . Check out the link in the calendar to register.

Additionally, TPGA's 2nd quarter board & committee meetings are coming up. Get involved. Join us.

Lastly, do not forget to share our scholarship application with your employees. Less than 10 days left to apply.
MEMBERS ONLY
WEEKLY NEWSLETTER
In this issue
  • In Brief
  • Top Story
  • Legislative Update
  • Regulatory Spotlight
  • Regulatory Changes
CALENDAR
May 6, 2019
Tire Survey Deadline
Help us help you!
May 6, 2019
PERC Content
Marketing Webinar
May 14 -15,2019
TPGA Board & Committee Meetings
May 15, 2019
TPGA Scholarship Deadline
Top Story
You're Invited to TPGA's
75th Anniversary Celebration
Did you know the Texas Propane Gas Association is celebrating 75 years later this summer?

Join us for 75th Anniversary celebration at our Annual Gala on Saturday, August 10, 2019 at the Omni Corpus Christi Hotel at the 2019 Crossroads Propane Expo & Conference hosted by the Texas Propane Gas Association.

The Gala is included in the registration of the 2019 Crossroads full retail marketer conference registrants and exhibitors.

Don't miss out on a night of memories!
Legislative Update
TPGA Testifies at Texas House Judiciary
& Jurisprudence Hearing
It has been noted that in cases for which a court determines that a city or county (political subdivision) acted unlawfully or without authority, the court typically does not award court costs and attorney's fees to the prevailing party. Concerns have been raised that this makes it excessively expensive for aggrieved parties to seek judicial redress concerning cities abusing power and may discourage people from challenging potentially unlawful actions by cities. HB 4551 by Rep. Dutton of Houston helps people where political subdivisions are not following state law.  It seeks to address this issue by requiring the award of court costs and attorney's fees to the prevailing party in specific actions challenging specific local laws of political subdivisions or the failure of specific political subdivisions to perform certain actions.

At a recent House Judiciary & Civil Jurisprudence Committee hearing on HB 4551, Texas Propane Gas Association attorney, Leonard Smith testified on TPGA's behalf on our on-going problems with political subdivisions. If the legislation passes, this may help TPGA recoup legal costs incurred when we have taken cities to court for not adhering to state law and requiring onerous ordinances beyond the scope of the LP Gas Safety Rules and NFPA standards adopted by the Railroad Commission, the authority having jurisdiction for propane in Texas. The bill was voted favorably out of the house committee last week.

TPGA will keep its members apprised of if the bill gets adopted.
Regulatory Spotlight
Current U.S. DOT Drug & Alcohol Requirement
Rundown for Employers of Drivers
Regardless if you are interstate or intrastate, your drivers are subject to the Drug & Alcohol Testing Requirements of 49 CFR 40 and in Part 382 of the Federal Motor Carrier Safety Regulations (FMCSR).

Pre-Employment Testing, Random Testing, Reasonable Suspicion Testing & Post Accident Testing. Click here for who and when to test

Click here for a link to Employer Resources on U.S. DOT Drug & Alcohol Testing including a recently updated Employee Handbook .

Click here for your training responsibilities.

Click here for a link to U.S. DOT Drug & Alcohol Testing FAQ’s.

Click here for the recordkeeping requirements.
Regulatory Changes
U.S. DOT Drug & Alcohol Changes Coming
In addition to the above requirements, the Federal Motor Carrier Administration (FMCSA) is establishing the Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse). This new database will contain information pertaining to drug & alcohol violations of the U.S. Department of Transportation (DOT) by CDL holders.

After January 6, 2020, employers are required to report information about positive driver drug & alcohol test results to the Clearinghouse. Additionally, employers must search the FMCSA Drug & Alcohol Clearinghouse for information during the pre-employment process for drivers you are seeking to hire and at least once a year for current employees to determine whether anyone has incurred a drug or alcohol violation with a different employer that would prohibit him or her from performing safety-sensitive functions.

Watch for updates from the association on the clearinghouse database requirements as the deadline comes closer.