This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:49 GMT
(a) Required qualifications. To qualify as an umpire, a person must:(1) be one of the following:(A) an engineer or architect with experience and training in building construction, repair, estimating, or investigation of property damage;(B) an adjuster or public adjuster with experience and training in estimating property damage;(C) a general contractor with experience and training in building construction, repair, or estimating property damage;(D) a licensed attorney; or(E) a current or former judge of any Texas court of record or the State Office of Administrative Hearings; and(2) not have any disqualifying conflicts of interest listed in subsection (d) of this section.(b) Preferred qualifications. The following qualifications are preferred:(1) experience with the appraisal of property damage claims; and(2) experience as an appraisal umpire on at least three property damage claims in the previous 12 months.(c) Potential conflicts. A potential conflict of interest exists when an umpire:(1) is a former association or claimant employee or contractor or contractor's employee;(2) is related within a degree of relationship described by Government Code §573.002 to:(A) a former association employee;(B) a former association contractor or contractor's employee;(C) a former claimant employee; or(D) a former claimant contractor or contractor's employee;(3) is a current association policyholder;(4) previously filed a claim with the association;(5) is a current employee or contractor of an insurance company or public insurance adjusting company; or(6) was a party or represented a party to a lawsuit with the association within the previous five years.(d) Disqualifying conflicts. A potential umpire has a disqualifying conflict of interest if the potential umpire:(1) is a current association or claimant employee;(2) is a current association or claimant contractor, or contractor's employee, except that it is not a conflict for the umpire to be a contractor solely to work on the pending appraisal;(3) is related within a degree of relationship described by Government Code §573.002 to:(A) a current association employee;(B) a current association contractor or contractor's employee;(C) the claimant or a representative of the claimant;(D) a current claimant employee; or(E) a current claimant contractor or contractor's employee;(4) currently has an open claim, or acts as a representative or public adjuster on an open claim with the association;(5) is a party to or represents a party to a current lawsuit with the association;(6) adjusted the loss or acted as a public adjuster on the loss involved in the claim;(7) is related to the adjuster or public adjuster who adjusted the loss;(8) is an employee of the adjusting company or public insurance adjusting company that adjusted the loss or represented the claimant on the loss; or(9) has any other direct or indirect interest, financial or otherwise, of any nature that substantially conflicts with the umpire's duties.