(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) CAPPS--The centralized accounting and payroll/personnel system, or any successor system used to implement the enterprise resource planning component of the uniform statewide accounting project, developed under Government Code, §2101.035 and §2101.036.
  (2) Comptroller--The Comptroller of Public Accounts for the State of Texas.
  (3) Eligible organization--A state employee organization that the comptroller has certified in accordance with this section and whose certification has not been terminated.
  (4) Employer--A state agency that employs a state employee who authorizes a deduction under this section.
  (5) Fiscal year--The accounting period for the state government which begins on September 1 and ends on August 31.
  (6) Holiday--A state or national holiday as specified by Government Code, §§662.001-662.010. The term does not include a holiday that the General Appropriations Act prohibits state agencies from observing.
  (7) Include--Is a term of enlargement and not of limitation or exclusive enumeration. The use of the term does not create a presumption that components not expressed are excluded.
  (8) Institution of higher education--Has the meaning assigned by Education Code, §61.003.
  (9) May not--Is a prohibition. The term does not mean "might not" or its equivalents.
  (10) Membership fee--The dues or fee that a state employee organization requires a state employee to pay to maintain membership in the organization.
  (11) Salary or wage leveling agreement--A contract or other agreement between a state employee and the employer that requires the employer to pay the employee's total annual salary or wages over 12 months even though the employee is not scheduled to work each of those months.
  (12) Salary or wages--Base salary or wages, longevity pay, or hazardous duty pay.
  (13) State agency--A department, commission, board, office, agency, or other entity of Texas state government, including an institution of higher education.
  (14) State employee--An employee of a state agency. The term includes an elected or appointed official, a part-time employee, an hourly employee, a temporary employee, an employee who is not covered by Government Code, Chapter 654 (the Position Classification Act), and a combination of the preceding. The term excludes an independent contractor and an employee of an independent contractor.
  (15) State employee organization--An association, union, or other organization that advocates the interests of state employees concerning grievances, compensation, hours of work, or other conditions or benefits of employment.
  (16) Texas identification number--The 14-digit number that the comptroller assigns to each direct recipient of a payment made by the comptroller.
  (17) Workday--A calendar day other than Saturday, Sunday, or a holiday.
(b) Deductions.
  (1) Authorization of deductions.
    (A) A state employee may authorize one or more monthly deductions from the employee's salary or wages to pay membership fees to eligible organizations.
    (B) Neither a state agency nor a state employee organization may state or imply that a state employee is required to authorize a deduction under this section.
    (C) A state employee may provide an authorization only if the employee:
      (i) submits to the employer's human resource officer or payroll officer a properly completed authorization form establishing a deduction; or
      (ii) submits through CAPPS a properly completed electronic authorization establishing a deduction.
    (D) Neither the comptroller nor a state agency is liable or responsible for any damages or other consequences resulting from a state employee's authorization of an incorrect amount of a deduction under this section.
    (E) Except as provided in subsection (i)(3) of this section, neither the comptroller nor a state agency is responsible for providing a state employee's membership information to an eligible organization.
  (2) Change in the amount of a deduction or cancellation of a deduction.
    (A) At any time, a state employee may authorize a change in the amount to be deducted under this section from the employee's salary or wages or cancel a deduction under this section.
    (B) A state employee may authorize a change in the amount of a deduction or a cancellation of a deduction under this section only if the employee:
      (i) submits to the employer's human resource officer or payroll officer a properly completed authorization form, cancellation form, or cancellation notice, as appropriate, changing or cancelling a deduction; or
      (ii) submits through CAPPS a properly completed electronic authorization changing or canceling a deduction.
    (C) Neither the comptroller nor a state agency is liable or responsible for any damages or other consequences resulting from a state employee's change of the amount of a deduction or cancellation of a deduction under this section.
    (D) If a state employee submits a cancellation form or cancellation notice to the employer's human resource officer or payroll officer, or submits an electronic authorization through CAPPS cancelling a deduction, the state agency must notify the affected eligible organization.
  (3) Automatic change in the amount of a deduction.
    (A) An employer may change the amount of a deduction under this section from the employee's salary or wages without requiring the employee to submit a new authorization form only if:
      (i) the employee's current authorization form authorizes the employer to change the amount of a deduction under this section from the employee's salary or wages without requiring the employee to submit a new authorization form; and
      (ii) the change is needed because the eligible organization to which the employee authorized a deduction has changed the amount of membership fees it charges to state employees.
    (B) Even if a state employee provides the authorization under subparagraph (A) of this paragraph, the employer may require the employee to submit a properly completed authorization form to the employer before the employer changes the amount of a deduction under this section from the employee's salary or wages.
    (C) A state employee may provide the authorization under subparagraph (A) of this paragraph only if the employee submits to the employer's human resource officer or payroll officer a properly completed authorization form.
    (D) When an eligible organization wants to change the amount of membership fees it charges to state employees that are authorized under subparagraph (A) of this paragraph, the organization must provide prior written notification of the change to the comptroller. If the comptroller receives the notification on the first calendar day of a month, the change is effective for the salary or wages paid to state employees on the first workday of the second month following the month in which the comptroller receives the notification. If the comptroller receives the notification after the first calendar day of a month, the change is effective for the wages and salaries paid to state employees on the first workday of the third month following the month in which the comptroller received the notification.
  (4) Sufficiency of salary or wages to support a deduction.
    (A) A state employee is solely responsible for ensuring that the employee's salary or wages are sufficient to support a deduction authorized by this section.
    (B) If a state employee's salary or wages are sufficient to support only part of a deduction authorized by this section, no part of the deduction may be made.
    (C) The amount that could not be deducted from a state employee's salary or wages because they were insufficient to support the deduction may not be made up by deducting the amount from subsequent payments of salary or wages to the employee.
  (5) Timing of deductions.
    (A) Except as provided in subparagraph (B) of this paragraph, a deduction authorized by this section must be made from the salary or wages that are paid on the first working day of a month.
    (B) If a state employee does not receive a payment of salary or wages on the first working day of a month, the employer may designate the payment of salary or wages to the employee from which a deduction authorized by this section will be made. A deduction authorized by this section may be made only once each month.
  (6) Regularity of deductions.
Cont'd...