Texas Register, Volume 43, Number 21, Pages 3281-3528, May 25, 2018 Page: 3,477
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(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 arbitra-
tion 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 preced-
ing the date the person agrees to serve as an arbitrator, in any one of
the following professions or occupations:
(A)pa real estate broker or sales agent under Occupa-
tions 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 cer-
tification 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 re-
(2) be in compliance with subsections (b) and (c) of this
(3) have no history of failure to comply with this subchap-
(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 es-
tate 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 dis-
(4) employee of the comptroller; or
(5) member of a governing body, officer, or employee of
any taxing unit.
9.4260. Arbitrator Duties.
(a) Upon inclusion in the comptroller's registry of arbitrators,
an individual who accepts an arbitration appointment shall conduct
each arbitration proceeding pursuant to the terms of Tax Code, Chap-
ter 41A, and this subchapter, and 9.804 of this title, as applicable; and
for a fee that is not more than the applicable amount stated in the fee
schedule set out in subsection (d) of this section.
(b) Each arbitrator included in the comptroller's registry is re-
quired to notify the comptroller online through the comptroller's on-
line arbitration system when it is generally available, or in writing of
any changes in contact information (including address, phone number,
email address, website), and any material change in the information
provided in his or her application or in his or her qualifications or el-
igibility for appointment within ten (10) calendar days of the change.
A material change includes, but is not limited to a change in county of
residence, loss of required licensure, incapacity, ineligibility or other
condition that would prevent the person from lawfully and profession-
ally performing arbitration duties.
(c) Violations of subsection (a) of this section or failure of the
arbitrator to report a material change under subsection (b) of this sec-
tion may result in the immediate removal of the arbitrator from the
current registry upon its discovery and the denial of future applications
for inclusion in the registry. An arbitrator's failure to report a material
change as required by this section shall not affect the determinations
and awards made by the arbitrator during the period that the arbitrator
is listed in the registry.
(d) The arbitrator's fee shall not exceed:
(1) $400 if the property qualifies as the owner's residence
homestead under Tax Code, 11.13, and the appraised or market value
is $500,000 or less as determined by the ARB order;
(2) $450 if the property qualifies as the owner's residence
homestead under Tax Code, 11.13, and appraised or market value is
more than $500,000 as determined by the ARB order;
(3) $450 if the property does not qualify as the owner's res-
idence homestead under Tax Code, @11.13, and the appraised or market
value is $1 million or less as determined by the ARB order;
(4) $750 if the property does not qualify as the owner's resi-
dence homestead under Tax Code, 11.13, and the appraised or market
value is more than $1 million but not more than $2 million as deter-
mined by the ARB order;
(5) $1,000 if the property does not qualify as the owner's
residence homestead under Tax Code, 11.13, and the appraised or
market value of the property is more than $2 million but not more than
$3 million as determined by the ARB order; and
(6) $1,500 if the property does not qualify as the owner's
residence homestead under Tax Code, @11.13, and the appraised or
market value of the property is more than $3 million but not more than
$5 million as determined by the ARB order.
9.4261. Provision of Arbitration Services.
(a) An arbitration under Tax Code, Chapter 41A, commences
with the initiation of a request for binding arbitration to appeal a spe-
cific order of the appraisal review board. The arbitration may be con-
cluded, either without or after a hearing, by rejection or denial of the re-
quest for binding arbitration, issuance of the Arbitration Determination
and Award (Form 50-704) which may include dismissal of the case, or
withdrawal of the request for arbitration with or without execution of a
settlement agreement between the parties finally resolving the matter.
Arbitration services shall be provided pursuant to this section.
(b) Unless the property owner or agent and the appraisal dis-
trict both agree to arbitration by submission of written documents only,
the arbitration will be conducted in person or by teleconference. The
arbitrator may decide whether to conduct the arbitration in person or
by teleconference unless the property owner or agent indicates on the
Request for Binding Arbitration (Form AP-219) that the arbitration be
conducted in person or by teleconference only. If the arbitration is con-
ducted in person, the arbitrator and both parties shall appear in person
for the hearing. If the arbitration is conducted in person, the hearing
must be held in the county where the appraisal district office is located
ADOPTED RULES May 25, 2018 43 TexReg 3477
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Texas. Secretary of State. Texas Register, Volume 43, Number 21, Pages 3281-3528, May 25, 2018, periodical, May 25, 2018; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1011004/m1/197/: accessed December 3, 2023), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.