The Attorney General of Texas
December 21, 1979 .
MARK WHITE
Attorney General
Honorable George M. Cowden Opinion No. Mw-116
Public Utility Commission of Texas
7800 Shoal Creek Boulevard Re: Payment of tuition fees under
Austin, Texas 78757 the State Employees Training Act.
Dear Mr. Cowdem
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-5050958).
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:
OPINIONCOMMITTEE
C. Robert Heath, Chairman
David 8. Brooks
Carla cox
Bob Gammage
Susan Garrlaon
Rick Gilpin
p. 368