SECTION 9.4258. Qualifications for Inclusion in the Comptroller's Registry of Arbitrators

(a) To qualify initially as an arbitrator for inclusion in the comptroller's registry of arbitrators and to continue to be included in the registry, an individual must satisfy or comply with the requirements of this section.

(b) A person must principally reside in the state of Texas to qualify for inclusion in the arbitrator registry. A person who has been granted a residence homestead exemption on property he or she owns and occupies in Texas qualifies as an arbitrator. A person does not qualify for inclusion in the registry of arbitrators if he or she has been granted a residence homestead exemption in another state or has been granted more than one such exemption. If an arbitrator owns no property for which a residence homestead exemption has been granted in any state, including Texas, then the arbitrator's principal residence is in the state of Texas if the arbitrator lives in a residential property in Texas more than 50% of his or her time. Falsely claiming to principally reside in Texas will result in the immediate removal of the individual from the registry and the reporting of this misconduct to the individual's professional licensing or certification board or regulatory authority.

(c) To qualify professionally to serve as an arbitrator, a person must either:

(1) be licensed as an attorney and hold a current, active Texas law license; or

(2) have completed at least 30 hours of training, of which no more than three hours may be self-study or homework, in arbitration and alternative dispute resolution procedures from a university, college, or legal or real estate trade association; and hold a current, and continually active license or certification during the five years preceding the date the person agrees to serve as an arbitrator, in any one of the following professions or occupations:

(A) a real estate broker or sales agent under Occupations Code, Chapter 1101;

(B) a real estate appraiser under Occupations Code, Chapter 1103; or

(C) a certified public accountant under Occupations Code, Chapter 901.

(d) For an arbitrator to continue to qualify for inclusion in the registry, he or she must:

(1) complete and submit a new or renewal application form issued by the comptroller on or before:

(A) each renewal date of the applicant's license or certification under which the applicant was qualified previously pursuant to subsection (c) of this section; or

(B) the second anniversary of the date the arbitrator was initially added to the registry or his or her listing on the registry renewed;

(2) be in compliance with subsections (b) and (c) of this section;

(3) have no history of failure to comply with this subchapter; and

(4) have completed during the preceding two years at least eight (8) hours of continuing education in arbitration and alternative dispute resolution procedures offered by a university, college, real estate trade association, or legal association. This continuing education requirement may be satisfied by submission of documentation that the arbitrator attended or taught personally at least eight (8) hours of one or more training courses that meet the requirements of this paragraph.

(e) An individual does not qualify for inclusion in the registry of arbitrators during any period in which he or she holds any one of the following positions in this state:

(1) member of a board of directors of any appraisal district;

(2) member of any appraisal review board;

(3) employee, contractor, or officer of any appraisal district;

(4) employee of the comptroller; or

(5) member of a governing body, officer, or employee of any taxing unit.

Source Note: The provisions of this §9.4258 adopted to be effective May 29, 2018, 43 TexReg 3459