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 Safety pay the 

tuition for attendance by 

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: 

"Your opinion is respectfully requested as 

to whether the Department may pay the tuition 

for attendance by our Pilot-Investigators at a 

Flight Proficiency Training Program designed to 

bring both the pilot and the aircraft to their 

peak proficiency and enable the pilot to operate under adverse conditions and other types of 

emergencies. 

"The Department of Public Safety currently 

operates State-owned aircraft and Is Inthe 

process of purchasing a new aircraft which will 

be delivered in the near future. A firmknown 

as Flight Proficiency Service of Fort Worth, Texas, 

has a training course designed to Instruct pilots 

in fields heretofore denied them without access to 

extensive engineering data 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 emergency while operating under adverse conditions. It Is well known that equipment of this Department must be used under such 

conditions during natural disasters, prison 

. ” 
-.r - 

-, 

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. 

"House Bill 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 

"Department aircraft will be used at the 

training school and will be available for emergency Departmental service while the school is 

in progress. The aircraft, as well as the pilot, 

will be used by the Department for essential 

governmental purposes and the pilot does no flying for any purpose except as an employee of the 

Department of Public Safety. The skills acquired by him at this school will be used in 

carrying out his official duties. 

"Expenditures contemplated to be made for 

this purpose will be out of the appropriations 

provided in House Bill 133, Acts of the FiftyFifth Legislature." 

The question you pose in your request Is analogous to 

numerous requests concerning travel and per diem expenses incurred by state employees while attending educational short 

courses to enhance their particular technical skills. Attorney General's Opinion w-83, enclosed herewith, presents 

a detailed consideration of such. 

It is apparent from the facts stated in your request 

that the training received by the said Pilot-Investigators 

will be directly and substantially used,by the employee 

Pilot-Investigator to facilitate the operation of the aircraft in a more efficient manner and, therefore, the facts 

established that the relationship.between the purpose of 

the training and the functions of the Texas Department of 
Honorable Homer Garrison, Jr., Page 3. (W-223) 

Public Safety intrusted to the employee is reasonable, substantial and direct. 

Accordingly, you are advised that the Texas Department of Public Safety may pay the tuition for attendance 

by their Pilot-Investigator at a Flight Proficiency Training Program. 

SUMMARY 

The Texas Department of Public Safety 

can pay the tuition for attendance by 

their Pilot-Investigators at a Flight 

Proficiency Training 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