Dr. George J. Beto 

Director 

Department of Corrections 

Huntsville, Texas 

Dear Dr. Beto: 

Opinion No. M-999 

Re: Purchase of airplane by 

the Department of Corrections. 

Your request for an opinion reads as follows: 

"Some two months ago the Department of Corrections lost its plane. The Board of Corrections 

authorized its immediate replacement under the authority found in Senate Bill 11, Page 111-48, Paragraph 22, and Section 18 of Article V, Acts of the 

62nd Legislature, Regular Session, 1971. The Board 

had previously purchased an airplane under identical 

language found in prior appropriation bills. 

"We would point out that this plane is used for 

the return of prisoners from other states to the Department of Corrections. Under the law, the Department of Corrections is required to return parolees and 

prisoners to this State in the event they owe Texas 

time. Our log reveals that 75% of the plane's usage 

is involved in the return of prisoners; 25% of the 

time is spent in travel for departmental executives. 

"The above-mentioned plane was purchased in accordance with the law and when the claim was presented to the Comptroller of Public Accounts for approval and payment, he refused to pay the same. It 

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Dr. George J. Beto. page 2 (M-999) 

is our position that Section 22 of Article III and 

Section 18 of Article V of S.B. 11, appropriations for 

the Department of Corrections, Clearly authorizes 

our department to purchase this plane. Not only do 

we believe this expenditure is legal but the ownership of a plane by the Department of Corrections 

effects a great savings of the taxpayers money of 

this State. 

"Does the Texas Department of Corrections, 

under the legislation referred to above, have the 

authority to purchase and pay for an airplane?" 

Subdivison (a) of Section 18 of Article V of Senate Bill 11, 

Acts 62nd Legislature, R.S. 1971, as amended by Senate Bill 7, 

Acts 62nd Legislature, 1st C.S. 1971, provides: 

"None of the moneys appropriated in this Act 

may be expended for the purchase, maintenance or 

operation of a passenger car or of airplanes designed for passenger transportation unless authority 

to do so is stated by the language of this Act. 

Where such authority is stated, the purchase of 

an airplane, or the repair of an airplane, the cost 

of which is in excess of five thousand dollars 

~$5.000) , in any one fiscal year shall have the 

prior written approval of the Governor, and notice 

of such approval shall be filed with the Legislative 

Budget Board." (At p. V-43) 

Item 22 of the appropriation to the Department of Corrections 

contained in the above cited General Appropriation Act provides: 

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. . 

Dr. George J. Beto. page 3 (M-999) 

"For the Years Ending 

August 31, August 31, 

1972 1973 

"22. Consumable supplies and 

materials: current and recurring operating expense, 

including rewards; inquests: 

uniforms: medical expense of 

employees injured in line of 

duty: reimbursement of revolving funds; maintenance and 

operation of one airplane: 

capital outlay, including passenger cars: and contingencies 

$7,755,340" (At p-111-48) 

Section 18 of Article V of the current General Appropriation 

Act above quoted is substantially identical, insofar as the same 

relates to your question, as Sections 20 and 21 of Article V of 

House Bill 12, Acts 59th Leg., R.S. 1965. Likewise Item 22 

above quoted is substantially identical to Item 12 of the appropriation to the Parks and Wildlife Department contained in the 1965 

Appropriation Act. In construing the provisions of the 1965 

Appropriation Act above cited, it was held in Attorney General's 

Opinion C-559 (1965): 

II 

. . . Funds may be expended from paragraph 

12, Article 111-108, House Bill No. 12, Acts 59th 

Legislature, 1965, for the purchase, maintenance 

and operation of the airplane." 

The language construed in Attorney General's Opinion C-559 

(1965) is substantially identical to the language contained in 

the current General Appropriation Act applicable to the Department of Corrections. Our opinion is that under the facts 

submitted the Department of Corrections has the authority to 

purchase and pay for an airplane. The approval of the Governor 

is required if the purchase price is in excess of $5,000.00. 

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Dr. George J. Beto, page 4 (M-999) 

: 

SUMMARY 

Funds may be expended from Item 22 of 

the appropriation to the Department of Corrections contained in the current General 

Appropriation Act for the purchase, maintenance 

and operation of an airplane by the Department 

of Corrections; provided that if the purchase 

price is in excess of $5,000.00 the written 

approval of the Governor is required. 

Ve&ruly yours, 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

J. C. Davis 

James McCoy 

Marietta Payne 

Jack Goodman 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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