May 6, 2019

MONDAY MORNING MESSENGER

In Brief Deadlines, Events & Regulations 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. 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! Take Survey May 14 -15,2019 TPGA Board & Committee Meetings SUPPLIER MEETING RSVP May 15, 2019 TPGA Scholarship Deadline Apply Now

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 admission is included in exhibit space for those who are registered as full registrant booth personnel. Don't miss out on a night of memories!

EXHIBIT

Also, SPONSORSHIPS ARE AVAILABLE! Historically, the Gala typically has an attendance of nearly 250 people. Gala Sponsor Perks:  FREE full-page color ad in the onsite program with premium placement; FREE full-page, color ad in 1 issue of Texas Propane magazine; premium exhibit space selection; 2 additional individuals from the sponsoring company may attend the conference (over what is included in exhibit space); signage at the event. Exhibit space subject to availability.

SPONSOR

Questions? Call (800)325-7427.

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.