MARK WHITE 

Attorney General 

The Attorney General of Texas 

December 21, 1979 . 

Honorable George M. Cowden 

Public Utility Commission of Texas 

7800 Shoal Creek Boulevard 

Austin, Texas 78757 

Dear Mr. Cowdem 

Opinion No. Mw-116 

Re: Payment of tuition fees under 

the State Employees Training Act. 

You ask whether the Public Utilities Commission may spend public 

funds to pay the tuition of its employees at a CPA review course. Article 

8252-l& the State Employees Trainii Act of 1989, permits state agendes 

to use available public funds to provide training and education for its 

administrators and employees. Sec. 3. Where the agency considers it 

appropriate, it may pay the tuition of a participant in the train& or 

education program. Id. Publii funds may be spent to train an employee only 

where the training isrelated to the emplayee’s current or prospective duty 

assignment Set 4. Regulations concerning the eligibflity of administrators 

and employees for training and education must be approved by the Governor. 

Pursuant to article 625Hla, V.T.C.S., the Commission paid tuition for 

several employees in a CPA review course. So bng as the Commission finds 

-that the training provided is directly related to the duty assignments of the 

employees and is of sufficient benefit to the Commission, it has authority to 

pay tuition for any employee Your regulations as to the eligibility of 

employees must of course be complied with. Prior to the enactment of 

article 625Hl& V.T.CS., this office held that state agencies might 

consistently with article RI, section 51 of the Constitution pay certain 

educational expenses for their employees See Attorney General Opinions 

C-671 0966); WW-505 0958). - 

It is suggested that Attorney General Opinions M-lll2 G972), C-761 

(1966) and O-6637 (1945) would bar payment of the tuition in this ease. We 

do not believe these opinions are relevant to this request. Attorney General 

Opinion O-6637 (1945) found that article III, section 51 of the Constitution 

barred payment of notary bond premiums out of public funds, while M-1112 

(l972) found that a state agency could not pay licensing fees for a nursing 

home administrator, based on an interpretation of the relevant statute. 

Attorney General Opinion C-761 (1966) authorized payment of a state 

employee’s registration fees for a conference on ergineering. None of these 

opinions dealt with article 6252-lla or a comparably specific statute 

authorizing payment of tuition for state employees. 

P. 367 
Honorable George M. Cowden - Page Two (Mw-116) 

SUMMARY 

The Public Utilities Commission may spend public funds to pay the 

tuition of its employees at a CPA review course pursuant to article 

625%lla, V.T.CS., where the training is related to the employee’s 

duties and where eligibility is determined consistently with 

regulations promulgated by the Commission and appoved by the 

governor. 

MARK WHITE 

Attorney General of Texas 

JOHN W. PAINTRB, JR. 

First Aasiatant Attorney General 

TED L. HARTLEY 

Rxecutive Assistant Attorney General 

Prepared by Susan Garrison 

Ass&ant Attorney General 

APPROVBD: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

David 8. Brooks 

Carla cox 

Bob Gammage 

Susan Garrlaon 

Rick Gilpin 

p. 368