THE ,L~~RXEY GENERAL OFTEXAS
AUSTXS ~.TEXAR
September 12, 1957

Honorable Homer Garrison. Jr. Director, Texas Department of Public Safety 5805 North Lamar Boulevard Austin 27, Texas Opinion No. WW-223 Re: Can the Texas Department of Public Safetypay the tuition for attendanceby their Pilot-Investigator at a Flight Proficiency Dear Colonel Garrison: Training Program?

Your request for an Opinion on the above subject matter is as follows:

"Youropinion is respectfully requested as to whether the Departmentmay pay the tuition for attendanceby our Pilot-Investigatorsat a Flight ProficiencyTraining Program designed to bring both the pilot and the aircraft to their peak proficiency and enable the pilot to operate under adverse conditionsand other types of emergencies. "TheDepartment of Public Safety currently operates State-ownedaircraft and Is Inthe process of purchasing a new aircraftwhich will be delivered in the near future. A firmknown as Flight Proficiency Service of Fort Worth, Texas, has a training course designed to Instructpilots in fieldsheretofore denied them without access to extensive engineeringdata and airline type tralning organizations. The pilot is trained to the extent that he will be capable of operation in all types of weather and will have complete confidence in himself and his equipment to handle any type of emergencywhile operatingunder adverse conditions. It Is well known that equipment of this Departmentmust be used under such conditionsduring natural disasters,prison

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Honorable Homer Garrison,Jr,, page 2. (w-223)

escapes and otherwise, and that valuable equipment, as well as the lives of the pilots and persons working with them, are at stake. "HouseBill 133, Acts of the Fifty-Fifth Legislature,Regular Session,authorizes the Department to maintain four aircraft and, also, provides on Page 1054, Chapter 385, Acts of the Fifty-Fifth Legislature,Regular Session, for appropriations for the following: "'Also,necessary expenses for training for operating law enforcement training schools,and miscellaneous operating expenses.I "Departmentaircraftwill be used at the training school and will be available for emergency Departmental servicewhile the school is in progress. The aircraft, as well as the pilot, will be used by the Department for essential governmentalpurposes and the pilot does no flying for any purpose except as an employee of the Department of Public Safety. The skills acquiredby him at this schoolwill be used in carrying out his official duties. "Expenditurescontemplatedto be made for this purpose will be out of the appropriations provided in House Bill 133, Acts of the FiftyFifth Legislature." The questionyou pose in your request Is analogous to numerous requests concerningtravel and per diem expenses incurred by state employeeswhile attending educational short courses to enhance their particular technical skills. Attorney General'sOpinion w-83, enclosedherewith,presents a detailed considerationof such.

It is apparent from the facts stated in your request that the training received by the said Pilot-Investigators will be directly and substantiallyused,by the employee Pilot-Investigatorto facilitate the operation of the aircraft in a more efficientmanner and, therefore, the facts established that the relationship.betweenthe purpose of the training and the functions of the Texas Department ofHonorable Homer Garrison,Jr., Page 3. (W-223)

Public Safety intrusted to the employee is reasonable, substantialand direct. Accordingly,you are advised that the Texas Department of Public Safetymay pay the tuition for attendance by their Pilot-Investigatorat a Flight ProficiencyTraining Program.

SUMMARY

The Texas Department of Public Safety can pay the tuition for attendanceby their Pilot-Investigatorsat a Flight ProficiencyTraining Program.

Yours very truly, WILL WILSON Attorney General of Texas

MFlT: jl:zt APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman J. C. Davis, Jr. John Reeves C. K. Richards Marvin R. Thomas, Jr. Assistant

W. V. Geppert REVIEWED FOR THE ATTORNEY GENERAL BY: James N. Ludlum