Skip to content
Breadcrumbs

eXpendit

Note: To navigate this guide on a mobile device you must use the Table of Contents.

Transportation
Aircraft

The Texas Department of Transportation (TxDOT) is responsible for operating a pool of aircraft for use by state agencies.

State agencies must use state-owned aircraft whenever feasible, and must file an annual report with TxDOT specifying the methods used by the agency to maximize use of state-owned aircraft.

The following state agencies and institutions of higher education are authorized to use appropriated funds to maintain or operate their own state-owned aircraft:

  • Texas A&M University System
  • Texas Department of Criminal Justice
  • Texas Department of Public Safety
  • Texas Department of Transportation
  • Texas Forest Service
  • Texas Parks and Wildlife Department
  • Texas State Technical College
  • University of Texas System

Source [+]

Texas Government Code, Sections 2205.031(b), 2205.032(a) and 2205.041(a)(1). General Appropriations Act, Article IX, Section 12.01.

Aircraft Rentals and Leases

TxDOT operates a fleet of aircraft for state agency use. To the extent that its aircraft are available, TxDOT must provide aircraft transportation to:

  • State officers and employees traveling on official business per the aircraft operations manual.
  • Persons in the care or custody of state officers or employees traveling on official business.
  • Persons whose transportation furthers official state business.

Before the executive director of TxDOT (or the director’s designee) may authorize a person to use a state-owned aircraft, the person must sign an affidavit stating they are traveling on official state business. The affidavit may be effective for a period of one year.

A state agency must rent or lease an aircraft from TxDOT unless TxDOT determines that:

  • No state-owned aircraft is available to meet the agency’s needs.
    –or–
  • A rental or lease of aircraft would reduce the state’s overall transportation costs.

A state agency may use appropriated funds to lease an aircraft only if TxDOT executes or approves the lease.

Note: Mileage reimbursement authorized by the General Appropriations Act (GAA) for the use of a personal aircraft is not considered a rental or lease of an aircraft.

Sources [+]

Texas Government Code, Sections 2205.035 and 2205.036. General Appropriations Act, Article IX, Section 12.01. Opinion of Texas Attorney General No. H-1089 (1977).

Prohibited Uses of Aircraft

TxDOT must not provide aircraft transportation to a passenger that will:

  • Make (or has made) a speech not related to official state business.
  • Perform a service (or has performed a service) for which the passenger is to receive an honorarium, unless the passenger reimburses TxDOT for the cost of transportation.
  • Attend (or has attended) an event sponsored by a political party.
  • Attend (or has attended) an event at which:
    • Money is raised for private or political purposes.
    • An audience was charged an admission fee to see or hear the passenger.

A person may not use a state-owned aircraft or spend state funds for the use of an aircraft solely for political purposes. A person who violates this prohibition is civilly liable to the state for the costs incurred by the state because of the violation.

In addition, TxDOT may not provide aircraft transportation to a destination unless:

  • The destination is not served by a commercial carrier.
  • The aircraft transportation is the most cost-effective travel arrangement in accordance with Texas Government Code, Section 660.007 (a).
  • The number of passengers traveling makes the use of state aircraft cost-effective.
    –or–
  • Emergency circumstances necessitate the use of a state aircraft.

A state agency may pay or reimburse a travel expense for the rental, lease or operation of an aircraft only if the transportation meets all of the criteria provided by Texas Government Code, Section 2205.036.

Sources [+]

Texas Government Code, Sections 660.003(g), 2205.036 and 2205.037.

Maintenance and Storage

A state agency that operates an aircraft may not use a facility in Austin other than a facility operated by TxDOT for the storage, parking, fueling or maintenance of the aircraft.

This prohibition applies regardless if the aircraft is based in Austin. If TxDOT determines there is an emergency, TxDOT may authorize a state agency to use a facility in Austin other than a TxDOT facility for the storage, parking, fueling or maintenance of an aircraft.

Source [+]

Texas Government Code, Section 2205.034(b).

Replacement of State-Owned Aircraft

A state agency may use appropriated funds to replace an aircraft with an aircraft of comparable quality if TxDOT approves the replacement and the governor issues a finding of fact that:

  • The aircraft to be replaced either:
    • Was destroyed.
    • Has deteriorated to the extent continued operation of the aircraft presents a serious hazard.
    • No longer meets the mission requirements of the principal user agency.
  • Other state-owned aircraft cannot be effectively used instead of replacing the aircraft.

Documentation Requirements [+]

  1. When a state agency pays for the replacement of state-owned aircraft, the agency must retain in its files a copy of both TxDOT’s approval and the finding of fact by the governor, if the approval and finding are required.
  2. When a state agency pays for the lease or rental of aircraft, the agency must retain documentation in its files showing:
    1. TxDOT’s approval of the lease or rental.
    2. The agency’s compliance with the requirements contained in Permissible uses of aircraft.
  3. A state agency must state the trip’s purpose and list the names of all passengers in its documentation when paying for aircraft rental.
  4. Comptroller object 7375 must be used for the purchase of aircraft.
  5. Comptroller object 7445 must be used for the rental of aircraft.
  6. Payments to TxDOT for transportation provided by TxDOT must be submitted on interagency transaction vouchers and must use comptroller object 7444.

Sources for definitions [+]

Texas Government Code, Sections 311.005(2) and 2205.002(2).

Source [+]

General Appropriations Act, Article IX, Section 12.01(d).