(a) Qualifications. To qualify as an appraiser, a person must be one of the following:
  (1) an engineer or architect with experience and training in building construction, repair, estimating, or investigation of property damage;
  (2) an adjuster or public adjuster with experience and training in estimating property damage; or
  (3) a general contractor with experience and training in building construction, repair, or estimating property damage.
(b) Potential conflicts. A potential conflict of interest exists when an appraiser:
  (1) is a current or former association or claimant employee;
  (2) is a current or former association or claimant contractor or contractor's employee, except that it is not a potential conflict for the appraiser 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 or former association employee;
    (B) a current or former association contractor or contractor's employee;
    (C) the claimant or a representative of the claimant;
    (D) a current or former claimant employee; or
    (E) a current or former claimant contractor or contractor's employee;
  (4) is a current association policyholder;
  (5) currently has an open claim or acts as a representative or public adjuster on an open claim with the association, or previously filed a claim with the association;
  (6) is a current employee or contractor of an insurance company or public insurance adjusting company;
  (7) currently is a party or represents a party to a lawsuit with the association, or was a party or represented a party to a lawsuit with the association within the previous five years;
  (8) adjusted the loss or acted as a public adjuster on the loss involved in the claim;
  (9) is related to the adjuster or public adjuster who adjusted the loss;
  (10) is an employee of the adjusting company or public insurance adjusting company that adjusted the loss or represented the claimant on the loss; or
  (11) has any other direct or indirect interest, financial or otherwise, of any nature that substantially conflicts with the appraiser's duties.

Source Note: The provisions of this §5.4212 adopted to be effective February 14, 2013, 38 TexReg 653