Updates and More

Risk Management Minute: Federal Highway Administration Releases New MUTCD

The Federal Highway Administration (FHWA) recently released the new 11^th edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). The MUTCD provides national standards for traffic signs, signals, and pavement markings. The 11^th edition update incorporates input from state and local traffic engineers, traffic control device technicians, and other stakeholders.

The last MUTCD was released in 2009. Under the Infrastructure Investment and Jobs Act, the FHWA must update the MUTCD every four years. The web page linked above has information related to a series of public seminars, post online videos, and other outreach efforts to help inform stakeholders about the latest updates. (On an interesting side note, this article explains that a provision in the new MUTCD may prohibit TxDOT from using catchy phrases on its highway information signs.)

The TML Risk Pool’s Subrogation Efforts (by Afton Trevino)

Last year, several TML Risk Pool Members received a letter from the Bratton Law Firm. The letter made several false claims related to the Pool’s subrogation efforts, and I wanted to write this article to refute any such claims. What is subrogation? Subrogation is the right the Pool holds under your policy — after we’ve paid a covered claim — to request reimbursement from the at-fault party. This reimbursement often comes from the at-fault party’s insurance company. For example, if a speeding driver crashes her car into your city hall, you can make a property claim under your Pool coverage. After we pay the claim, we seek reimbursement from the driver’s auto insurance company because the driver was at fault. (Read more.)

Service in Focus: STP Podcast Wins AGRiP Award for Excellence

The TML Risk Pool has been selected for the Association of Government Risk Pool’s (AGRiP’s) Award for Excellence in Performance for its innovative “Local Officials: Stronger, Together Podcast” Series.

According to AGRiP, “this series of 15-minute podcast episodes is directed primarily at elected officials, city managers and city attorneys, but has found a broader audience interested to learn more about risk pooling and its benefits for public entities. The TML Risk Pool’s work serves as a model for other pools to consider in terms of both content and production. ‘TML Risk Pool has produced a professional podcast, with highly relevant information and strong outcomes, using fairly simple technology that most of us already have access to,’ said Barb Zemlock, AGRiP’s board president. ‘The effort TML Risk Pool’s team puts into every episode is clear, but the format itself represents an accessible method that any pool can adopt.’”

AGRiP’s Award for Excellence in Performance is given to a public entity risk pool that has developed and implemented a creative, efficient, and effective idea, approach or program — especially one that can be shared with or transferred to other pools. TML Risk Pool will receive its award on Tuesday, March 5, 2024, at AGRiP’s Governance Conference in Nashville.

TCEQ Water Operator Resiliency Training Requirements*

In response to Winter Storm Uri and Senate Bill 3 from 87^th Texas Legislature, the Texas Commission on Environmental Quality (TCEQ) has implemented a resiliency training requirement to address preparing for, preventing, and responding to weather emergencies and power outages. 

The new TCEQ resiliency training requirements will go into effect on April 1, 2024, for all water operators. For details, please refer to the Guidance for Resiliency Training Requirements for Water Operators and Training Providers. Below is a summary of the resiliency requirements for water operators:

1. For applications received on or after April 1, 2024, individuals obtaining or upgrading a water license must take the two-hour core course “Resiliency Overview” or the revised Basic Waterworks Operation core course, which includes the resiliency overview. The overview course may only be taken once for credit and will apply to all water licenses held by an individual.
2. All current active water license holders, with licenses that expire on or after April 1, 2024, must complete a minimum of two hours of Resiliency Continuing Education (CE) training within each renewal cycle to renew their water license at any level. The Resiliency Ces will count towards the 30 Ces required to renew the license.
3. All current active water license holders must take the two-hour core course “Resiliency Overview” once, within one of the first two renewal cycles. This will meet the resiliency requirement for the renewal cycle in which it was taken and will also count towards the 30 CE hours required to renew a water license.
4. If an individual holds multiple water licenses, the Resiliency CE hours will be applied to all current water licenses, as long as they are obtained during each licenses’ validity period.

Approved resiliency training can be found on the TCEQ licensing website.

U.S. Department of Labor Issues Final Rule on Employee or Independent Contractor Classification*

On January 10, the U.S. Department of Labor (DOL) issued a final rule that revises its prior guidance on how to determine who is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The rule is effective on March 11.

The final rule continues to affirm that an “independent contractor” is a worker who, as a matter of economic reality, is not economically dependent on an employer for work and is in business for herself. The final rule applies the following six factors to analyze employee or independent contractor status under the FLSA:

1. opportunity for profit or loss depending on managerial skill;
2. investments by the worker and the potential employer;
3. degree of permanence of the work relationship;
4. nature and degree of control;
5. extent to which the work performed is an integral part of the potential employer’s business; and
6. skill and initiative.

DOL has also issued FAQs on the final rule. Local officials should carefully review this final rule as misclassifying a worker as an independent contractor could result in significant financial costs, including tax obligations, wage and overtime claims, and fines.

(The TML Risk Pool doesn’t provide coverage for FLSA violations, so Members should consult with local legal counsel to ensure appropriate classifications.)

Chief Gregory Stevens Named New TCOLE Executive Director

Following a candidate search and interviews, the Texas Commission on Law Enforcement (TCOLE) has announced Chief Gregory Stevens as its selection for the next agency Executive Director effective January 8, 2024. Presiding Officer Kim Lemaux said, “We are thrilled to announce Chief Gregory Stevens as the next TCOLE Executive Director. His extensive law enforcement background, combined with his military and educational experience, made him an ideal candidate. The commissioners and I look forward to working with him in this role, and we thank General Counsel John Beauchamp for his service as Interim Executive Director during this period of transition.”

Stevens most recently served as Chief of Police of the Rockport Police Department. Prior to that, he retired after more than 26 years with the Lubbock Police Department, including nearly four years as Chief of Police. He is a graduate of the FBI National Academy and the Law Enforcement Management Institute of Texas (LEMIT) Leadership Command College, and holds a Bachelor of Science in Criminal Justice from Wayland Baptist University and a Masters in Business Administration from Texas Tech University. Additionally, he served his country as a military police officer and a Naval Intelligence Officer.

*Articles reprinted from the Texas Municipal League’s Legislative Update Newsletter

Special Thanks to Longtime Board Member Byron Black

Byron Black, Place 13 Trustee, resigned from the Risk Pool’s Board of Trustees in January. Byron joined the Board in October 2000, while serving as the Mayor of Burleson. He ran for an open seat in that year’s election and won 58 percent of the vote. He succeeded Betty Flores, former Mayor of Laredo, in Place 13. He held Place 13 for nearly 23 years, but he decided not to seek another term on the Johnson County Central Appraisal District Board. Byron and his wife Barbara will be invited to a future Board Meeting so the Board can appropriately recognize him and his unwavering services to the Risk Pool. The Pool thanks Byron for his leadership!

Member Spotlight: Mont Belvieu Implements R.O.A.D. Ready

The year 2023 saw multiple city employee struck-by fatalities on Texas roadways. The TML Risk Pool’s goal is to reduce that to zero in 2024, and we’ve developed a program to do just that. R.O.A.D. Ready is a Risk Pool program designed to save lives, prevent injuries, and protect property by raising Member awareness of dangers on and near roadways, and January was R.O.A.D. Ready month. The City of Mont Belvieu is just one Member that has embraced the program wholeheartedly. Check out Episode 11a of the “Local Officials: Stronger, Together Podcast” to hear TML Risk Pool Loss Prevention staff interview several Mont Belvieu officials about why they are so committed, what they are doing to keep employees safe, and how you can participate and stop one of your employees from being a statistic.