Untitled Texas Attorney General Opinion ( 1957 )

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 oper- ate 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 traln- ing organizations. The pilot is trained to the extent that he will be capable of operation in all types of weather and will have complete con- fidence in himself and his equipment to handle any type of emergency while operating under ad- verse conditions. It Is well known that equip- ment 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 equip- ment, 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 emer- gency 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 fly- ing for any purpose except as an employee of the Department of Public Safety. The skills ac- quired 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 Fifty- Fifth Legislature." The question you pose in your request Is analogous to numerous requests concerning travel and per diem expenses in- curred by state employees while attending educational short courses to enhance their particular technical skills. At- torney 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 air- craft 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, sub- stantial and direct. Accordingly, you are advised that the Texas Depart- ment of Public Safety may pay the tuition for attendance by their Pilot-Investigator at a Flight Proficiency Train- ing 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 Marvin R. Thomas, Jr. MFlT: jl:zt Assistant APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman J. C. Davis, Jr. John Reeves C. K. Richards W. V. Geppert REVIEWED FOR THE ATTORNEY GENERAL BY: James N. Ludlum