Details
Series
Date Approved
Date Last Amended
Office(s) Responsible for Rule
Office of Budget and Planning
1. Title
Aircraft Use
2. Rule and Regulation
Sec. 1 Official Use. The U.T. System aircraft or any leased or chartered aircraft will be used only in the scope or furtherance of official State business and only in compliance with the travel regulations contained in Texas Government Code Section 2205.001 et seq. and any other laws applicable to the use of State-owned or leased aircraft. Donor Aircraft, including the gifted use of a passenger seat on a noncommercial flight, and employee-owned or -leased aircraft used in the scope or furtherance of official University business is also covered by this Rule.
Sec. 2 Passengers.
2.1 Justification for Passenger Use. Pursuant to Texas Government Code Section 2205.036, U.T. System aircraft or leased or chartered aircraft will be used to carry passengers only when the destination is not served by commercial carriers, the aircraft transportation is the most cost-effective travel arrangement in accordance with Texas Government Code Section 660.007(a), the time required to use a commercial carrier interferes with passenger obligations, a representative of the Department of Public Safety determines that security concerns for a passenger warrant the use of a state aircraft, the number of authorized passengers traveling makes the use of state aircraft cost effective, or emergency circumstances necessitate the use of state aircraft.
2.2 Spouses. In accordance with Texas Attorney General Opinion H-1089, the Board of Regents finds that attendance of the spouses of members of the Board of Regents and U.T. System employees at official functions may be in furtherance of official State business. Whether the spouse’s attendance is in furtherance of official State business is dependent in part on the nature of the employee’s office, the spouse’s role, the purpose of the particular trip, and the spouse’s connection with that purpose. Examples of instances in which the spouse’s attendance is in furtherance of official State business include, but are not limited to, attendance at Board of Regents' meetings when there is an official function hosted by an institution and retirement functions honoring long-time key employees of the U.T. System or the institutions.
Sec. 3 Priority for Use.
3.1 Requests for Use. Requests by the Board of Regents must be arranged through the General Counsel to the Board. All other flights of U.T. System aircraft or requests for leased or chartered aircraft, including Texas Department of Transportation (TxDOT) aircraft, must be requested from and approved in advance by the Chancellor. Up until 24 hours before a flight is scheduled to begin, requests for the use of U.T. System aircraft will be approved in the following order of priority:
3.11 Chairman of the Board of Regents
3.1.2 A Vice Chairman of the Board of Regents (in order of request)
3.1.3 Members of the Board of Regents (in order of request)
3.1.4 Chancellor
3.1.5 Executive Vice Chancellors (in order of request)
3.1.6 Vice Chancellors and other U.T. System Administration officers (in order of request)
3.1.7 Institutional Presidents (in order of request)
3.1.8 Other staff of the U.T. System Administration (in order of request)
3.1.9 Other faculty and staff personnel of the institutions of the U.T. System (in order of request)
3.2 Assignment of Aircraft by Chancellor. During the 24-hour period prior to the beginning of a flight, the Chancellor may assign or reassign the U.T. System aircraft at his or her discretion.
3.3 Use by Other State Agencies. Use of U.T. System aircraft by other State officials and personnel on official State business is encouraged and will be authorized by the Chancellor on a space available basis.
Sec. 4 Operation of Aircraft.
4.1 Direction of Pilots. The pilots of U.T. System aircraft will report to and act under the direction of the Executive Vice Chancellor of Business Affairs. Regents may direct an itinerary or passenger change to an approved flight, provided that the purpose of the flight and the passengers on the flight are in accordance with Texas Government Code Section 2205.036. The Chancellor must approve all other requests that would substantially change an approved itinerary or passengers. However, the pilot may authorize a change of itinerary or passengers in the event of an emergency.
4.2 Flight Regulations. The U.T. System aircraft must be operated at all times in accordance with the provisions of the Federal Aviation Administration and U.T. System Flight Operations Procedures, which are in accordance with the Federal Aviation Act (as amended) and Civil Air Regulations. Texas Government Code, Chapter 2205 gives TxDOT oversight of specific aspects of maintenance and operations for U. T. System aircraft.
4.3 Control of Aircraft in Flight. Under Federal Regulations, the pilot of any aircraft is responsible for and is the final authority as to the flight operation of that aircraft. All decisions concerning the flight itself will rest solely with the pilot. However, the pilot should keep the passengers informed.
Sec. 5 Rates Charged. Excluding compensation for contract pilot services, charges to applicable U. T. System departments and the institutions for use of the U. T. System aircraft must be at least equal to the rate approved by TxDOT for comparable interagency aircraft services, but may not exceed the actual cost to operate the aircraft.
Sec. 6 Aircraft Requirements. The following requirements apply to all flights used in conjunction with official U.T. System business, including on U.T. System aircraft, leased aircraft, chartered flights, employee-owned or -leased aircraft, and Donor Aircraft.
6.1 Flights must be on fixed-wing aircraft.
6.2 Two pilots are required for all flights
6.3 Exceptions.
6.3.1 Helicopters. Use of a helicopter in lieu of fixed-wing aircraft is permitted only when use of a fixed-wing aircraft is impractical for the purpose of the flight. Helicopters may be flown by a single pilot.
6.3.2 Research Exception. Given the unique challenges of certain research-related travel, the provisions of this Rule may be waived by the Chancellor, based upon the prior written request of an institutional president, when compliance with all requirements of the Rule is impracticable. If a waiver is granted, the travel must occur in the safest manner reasonable in the context of the research project and in compliance with applicable law.
6.3.3 Aviation-related Academic Programs. The provisions of this Rule do not apply to aviation-related academic programs to the extent strict compliance would be impracticable; however, such programs must operate in compliance with applicable state and federal law and safety standards and must coordinate with the System Chief Risk Officer to determine appropriate insurance requirements.
Sec. 7 Record Keeping and Reports. The approved reservation requests forms and post-flight passenger manifests will serve as the official record of flights.
7.1 Flight Reservations. All flight reservations for the U.T. System aircraft must be entered into the U.T. System Aircraft Reservation System. Information must include, but is not necessarily limited to, the following:
7.1.1 departure/estimated arrival, date, time, and place,
7.1.2 name of each passenger,
7.1.3 destination(s) including intermediate stops and return information with date and time,
7.1.4 purpose of trip for each passenger, and
7.1.5 benefit to the State and U.T. System.
7.2 Passenger Manifests. For each flight, the pilot will complete a Passenger Manifest showing the following:
7.2.1 flight number and duration,
7.2.2 date,
7.2.3 aircraft number,
7.2.4 flight plan,
7.2.5 destination and intermediate stops of flight,
7.2.6 names of pilot and copilot, and
7.2.7 passenger information
(a) name of each passenger
(b) department or institution
(c) signature of each passenger.
7.3 Reports. The U.T. System Office of Business Affairs will prepare and submit the following reports:
7.3.1 Travel Log. In accordance with Texas Government Code Section 2205.039, the passenger manifests for the month will be sent to TxDOT each month following the month in which travel occurred.
7.3.2 Reports to the Board. Passenger manifests for U.T. System aircraft and TxDOT aircraft, employee-owned or -leased aircraft, leased and charter aircraft, and Donor Aircraft flown on behalf of the U.T. System, except for Donor Aircraft provided by a supporting foundation to a U.T. System institution, will be sent to the General Counsel to the Board annually in October for distribution to the Board’s Finance and Planning Committee for review. For Donor Aircraft, passenger and donor names may be omitted consistent with State law, but will be provided, upon request, to the Board, the Chancellor, the appropriate Executive Vice Chancellor, the Vice Chancellor for External Relations, Communications and Advancement Services, the Vice Chancellor and General Counsel, and/or the General Counsel to the Board.
Sec. 8 Employee-Owned or-Leased Aircraft. No U.T. System employee may operate aircraft owned or leased in the employee’s personal capacity in conjunction with official U.T. business unless authorized in writing by the Chancellor.
Sec. 9 Chartered Aircraft.
9.1 Use of leased or chartered aircraft, including TxDOT aircraft, must be approved in writing and in advance by the Chancellor and will be approved only when the U.T. System aircraft is unavailable or unsuitable.
9.2 Texas Government Code Section 2205.035 requires advance approval by TxDOT for the expenditure of appropriated funds for the rental or lease of an aircraft.
9.3 Charter operators must meet U.T. System insurance and operator requirements.
Sec. 10 Donor Aircraft.
10.1 Usage. Approval to use Donor Aircraft, including the acceptance of a gift of the use of a passenger seat on a noncommercial flight within the definition of Donor Aircraft, in the scope and conduct or furtherance of official U.T. System business is conditioned upon the confirmation of the following requirements prior to the acceptance of flight:
10.1.1 Use of Donor Aircraft must be approved in writing and in advance by the Chancellor following submission of a request using a Donor Aircraft Request for Approval form. In evaluating whether to allow the use of a Donor Aircraft, an individual should first ensure that such use does not create a conflict of interest under Regents’ Rule 30104. For travel by U.T. System Administration employees, officers, and institutional presidents, any potential conflict of interest must be evaluated by the U.T. System Vice Chancellor and General Counsel prior to approval of the use. For other institution employees, the conflict of interest analysis may be performed by the institution’s legal counsel and/or ethics advisor. In addition to the conflict of interest review, the Chancellor must review and approve the proposed travel by U.T. System institutional presidents and System Administration employees.
Presidents must review and approve proposed travel of their employees. In every instance, the decision to approve must be based upon the totality of the circumstances. The reviewing parties may request additional information to assist them in review. Use of Donor Aircraft provided by a supporting foundation to a U.T. System institution can instead be reviewed for compliance with the Regents’ Rules and approved pursuant to contracts and memoranda of understanding between the institution and the supporting foundation.
10.1.2 U.T. System insurance requirements must be met with a minimum of $1,000,000 per seat/passenger.
10.1.3 With the exception of helicopters, Donor Aircraft must be multiengine turboprop or jet.
10.1.4 With the exception of helicopter flights, each flight must have two current and qualified pilots.
10.1.5 The aircraft owner may not serve as pilot or copilot.
10.1.6 No passenger may enter the cockpit or distract pilots during flight, takeoff, or landing.
10.1.7 Students must be accompanied by a U.T. System employee for the duration of any flight.
10.1.8 Donor is not a registered lobbyist.
10.1.9 Donor flight information (date of flight, aircraft tail number, origin/destination) along with a passenger list and emergency contact for each must be maintained by a responsible U.T. System employee on the ground.
10.2 Reporting. For each Donor Aircraft flight, the following is required, if applicable:
10.2.1 Donor Aircraft Request for Approval form will be forwarded to U.T. System Aircraft Operations prior to departure.
10.2.2 Detailed flight information will be reported as required by this Rule.
3. Definitions
Donor Aircraft – aircraft and crew, or individual passenger seat on aircraft, provided at reduced or no cost to transport passengers or cargo to/from a predetermined departure location to a specific destination, including any aircraft and crew provided by a supporting foundation to a U. T. System institution at reduced or no cost. Donor Aircraft does not include a reduced or no cost airline ticket on a noncharter commercial airline flight.
4. Relevant Federal and State Statutes
Texas Government Code Chapter 2205 – Aircraft Pooling
Texas Government Code Section 660.007(a) – Conservation of Funds
5. Relevant System Policies, Procedures, and Forms
Aircraft Reservation System: U.T. System Aircraft Operations
Donor Aircraft Acceptance Checklist
6. System Administration Office(s) Responsible for Rule
Controller’s Office
