### ATTORNEY GENERAL OF 

### TEXAS GREG ABBOTT

January 19,2005

Mr. Gary L. Warren Sr. Executive Director Texas Commission on Fire Protection Post Office Box 2286 Austin, Texas 78768-2286 Opinion No. GA-0296
Re: Whether the Texas Commission on Fire Protection may provide reimbursement for room andboard aspart ofaFire Department Emergency Program tuition scholarship for students who attend atraining school (RQ-0255GA)
Dear Mr. Warren:
You askwhether the Texas Commission onFire Protection (the “Commission”) may provide reimbursement for room and board aspart of aFire Department Emergency Program (the “FDEP”) tuition scholarship for students who attend atraining school.’ Subchapter Cofchapter 419, Government Code, establishes the FDEP “topromote efficient tire protection forthe residents ofthis state byproviding toeligible local fire departments and public fire-fighting organizations scholarships and grants to better educate and train their members.” TEX.GOV’TCODEANN.4419.052(2) (Vernon 1998). The Commission is directed to, inter alia,

“administer the fire department emergency program asprovided by this subchapter and commission rules [and] adopt rules for the administration ofthis subchapter.” Id. 5419.053(a)(l), (3). “The rules adopted under Subsection (a)(3) must include rules establishing criteria to be used in the evaluation of applications for grants and loans with the assistance of staff.” Id. 5419.053@). The FDEP “is created to provide scholarships, grants, loans, and other financial assistance to eligible local tire departments and other public fire-fighting organizations.” Id. 5419.055. “A local tire department orother public tire-fighting organization may apply in writing to the commission for a scholarship, grant, loan, or other financial assistance.” Zd. 5 419.059(a). The Commission is required by rule to “prescribe the form of the application and the procedure for submitting and processing the application.” Id. 3419.059(c). Section 419.054 provides for the establishment ofa “funds allocation advisory committee. composed of six members,” three ofwhom are appointed by the State Firemen’s and Fire Marshals’ Association ofTexas, and three ofwhom are appointed by the Texas State Association ofFire Fighters. Id. 3419.054(a). The function ofthe committee is to “review and evaluate all applications for financial assistance under this subchapter,” and to

‘See Letter from Gary L. Warren Sr., Executive Director, Texas Commission on Fire Protection, to Honorable Greg Abbott, Texas Attorney General (July 15,2004) (on tile with Opinion Committee, also available athttp:l/www .oag.state.tx.us) [hereinafter Request Letter].Mr. Gary L. Warren Sr. - Page 2 (GA-0296)

“recommend to the commission which applications should be approved and which applications should be disapproved.” Id. $419.054(d). “Ifthe commission does not concur with the committee’s recommendation, the commission shall indicate to the committee the reasons that the commission didnot concur with therecommendation and return the applications regarding which the commission did not concur to the committee for further review and evaluation.” Id.
With regard to scholarships and grants for education and training, section 419.058 of the Government Code provides:

(a) The commission may award scholarships and grants to aneligible local fire department or other public tire-fighting organization. A local fire department or other public fire-fighting organization may use a scholarship or grant awarded under this subchapter only to educate and train its members tomore effectively meet the members’ fire-fighting responsibilities. (b) Thecommission byruleshallestablishguidelinesfordetermining eligibility for agrant or scholarship under this subchapter andfor determiningtheamount thatthecommission mayawardtoan eligible localfire department or otherpublicfire-fighting organization. To be eligible for ascholarship or grant, alocal fire department or other public tire-lighting organization must establish tothe satisfaction of the commission that without a scholarship or grant the local fire department would be unable to adequately train and educate its members. (c) The commission byrule shall determine the types of educational and training programs for which the commission may award a scholarship or grant under this subchapter. Id. 3419.058 (emphasis added). In reviewing an application for a scholarship or other financial assistance, the Commission must consider, in addition to criteria established by its own rules, the following factors:

(1) the purpose or purposes for which the applicant would use the scholarship, grant, loan, or other financial assistance; (2) the needs of that applicant as compared to the needs of other eligible applicants; (3) the financial need ofthe applicant for the money; (4) the availability ofother money to the applicant: andMr. Gary L. Warren Sr. - Page 3 (GA-0296)

(5)the ability ofthe applicant tojinance itsactivities without astate scholarship, grant, loan, or otherfinancial assistance. Id. § 419.060 (emphasis added). Finally, section 419.063 imposes certain limitations on the Commission’s awarding ofscholarships, grants, loans, and other financial assistance, none ofwhich are applicable here. See id. 3419.063.
You indicate that the Commission awards scholarships
in the form of a $600 grant, which provides reimbursement for tuition, and room and board to entities for their fire fighters who attend Texas Engineering Extension Service (TEEX) annual tire fighting schools. The $600 amount isbased on actual 2003 costs for an individual to attend the five-day TEEX Annual Municipal School training atthe College Station campus. These costs include $350 for tuition, $150 for a dormitory room, and $100 for a cafeteria meal ticket at the TEEX facility. However, ifthe individual chooses to stay and eat at aplace other than a TEEX facility, then FDEP will make areimbursement for room and board receipts up to $250. Request Letter, supra note 1, at 1. You state that, because “[mlany of the fire fighters who are awarded these scholarships are volunteers who must leave their regular jobs to attend the schools,” the Commission has for several years regarded room andboard as%n essential part ofproviding the education and training under this statute.” Id. You first ask whether the Commission is authorized “to include room and board reimbursement as part of an FDEP tuition scholarship for individual students attending atraining school.” Id. at 2.
A state agency may exercise only those powers expressly conferred, together with those that may necessarily be implied from the powers expressly granted. SeePub. Vtil. Comm ‘nv. City Pub. Serv. Bd., 53 S.W.3d 310,315-16 (Tex. 2001). Subchapter C of chapter 419 of the Government Code does not expressly authorize the Commission to include the cost ofroom and board aspart of the scholarship awarded to fire fighters toattend the annual fire fighters training school, nor does the statute provide any guidelines for determining what expenses may be included. Rather, section 419.058(b) directs the “commission by rule [to] establish guidelines. for determining the amount that the commission may award to an eligible local tire department or other public fire-fighting organization.” TEX.GOV’TCODE ANN. 5419.058(b) (Vernon 1998). In our view, this provision implicitly authorizes the Commission to determine that the cost ofroom and board isanintegral part ofany scholarship. Asyou note, many ofthe scholarships are awarded tovolunteer tire fighters who must leave their regularjobs toattend the program. Webelieve that the Commission may reasonably conclude that paying the cost of room and board would increase the number of tire fighters who attend the training program, andthus fulfill the statute’s mandate topromote “efficient tireprotection for the residents ofthis state.” Id. fj419.052.
You also state that the Texas Forest Service (the “TFS”) provides tuition for some tire fighters to attend TEEX annual schools, but does not provide reimbursement to these tire fightersMr. Gary L. Warren Sr. - Page 4 (GA-0296)

for room and board. See Request Letter, supra note 1,at 1. You ask whether the Commission may “fund room andboard for fire fighters who attend the TEEX annual schools under aTFS tuition-only scholarship.” Id. at l-2.
In our opinion, the Commission may do so. As we have concluded, the Commission may pay the cost ofroom and board for those tire fighters to whom the Commission grants scholarships because room and board may be viewed as an integral part oftraining. But the Commission is also authorized to consider, among other factors listed in section 419.060 ofthe Government Code, “the availability ofother money tothe applicant.” TEX.GOV’TCODE ANN.5419.060(4) (Vernon 1998). Ifthe Commission may reasonably conclude, as we have stated, that paying the cost ofroom and board would increase the number of fire fighters who attend the training program and thus mltill the statute’s mandate to promote “efficient tire protection for the residents of this state,” see id. 5419.052, there appears tobe no reason to deny the Commission the authority topay for room and board where the cost oftuition ispaid by an outside source. So long asthe Commission determines that providing room and board is integral to providing access to training and education and that providing only forroom and board would increase thenumber offire fighters who attend the training program, the Commission is authorized to pay such costs.Mr. Gary L. Warren Sr. - Page 5 (GA-0296)

SUMMARY The Texas Commission on Fire Protection is authorized to provide reimbursement for room and board as part of a Fire Department Emergency Program tuition scholarship for students who attend a training school. The Commission may, in addition, fund room and board for tire fighters who attend the school under aTexas Forest Service tuition-only scholarship.

BARRY R. MCBEE First Assistant Attorney General DON R. WILLETT Deputy Attorney General for Legal Counsel
NANCY S.FULLER Chair, Opinion Committee
Rick Gilpin Assistant Attorney General, Opinion Committee