(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.
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