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(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.
The agency certifies that legal counsel has reviewed
the
adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on May 9, 2018
TRD-201802083 Victoria North
Chief Counsel, Fiscal and Agency Affairs Legal Services Division
Comptroller of Public Accounts
Effective date: May 29, 2018
Proposal publication date: November 10, 2017
For further information, please call: (512) 475-0387
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