(a) An employee is entitled to be paid employment compensation twice a month if:
(1) the employee is employed by:
(A) the Texas Department of Mental Health and Mental Retardation;
(B) the Texas Department of Transportation;
(C) the Texas Department of Human Services;
(D) the Texas Workforce Commission;
(E) the Department of Public Safety; or
(F) any other state agency designated by the comptroller;
(2) the employee holds a classified position under the state’s position classification plan;
(3) the employee’s position is classified below salary group A12 under classification salary Schedule A in the General Appropriations Act;
(4) the employing state agency satisfies the comptroller’s requirements relating to the payment of compensation twice a month; and
(5) at least 30 percent of the eligible employees of the agency choose to be paid twice a month.
(b) Employees of an institution of higher education as defined by § 61.003, Education Code, may be paid twice a month at the election of the employing institution of higher education.